Tuarascáil Bhliantúil
Annual Report 2015 OUR VISION:
o To develop a world-class organisation that has as its primary objective,
meeting the needs of court users.
OUR MISSION:
o To manage the courts, support the judiciary and provide a high quality and
professional service to all users of the courts.
OUR VALUES:
o Service: customer focus, timely, friendly, competent
o Integrity: honest, objective, fair, ethical, accountable
o Respect: courteous, impartial, considerate
Courts Service Annual Report 2015
CONTENTS
GLOSSARY 3
FOREWORD FROM THE CHIEF JUSTICE AND CHAIRPERSON OF THE BOARD 5
CHAPTER 1 – ABOUT THE COURTS SERVICE 7
CHAPTER 2 – THE YEAR IN REVIEW 13
CHAPTER 3 – STATISTICS 35
CHAPTER 4 – CORPORATE GOVERNANCE 73
CHAPTER 5 – ANNUAL FINANCIAL STATEMENTS 79
CHAPTER 6 – REPORTS OF THE COURTS RULES COMMITTEES 87
CHAPTER 7 – LEGISLATIVE PROVISIONS 91
ADDITIONAL INFORMATION 93
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Courts Service Annual Report 2015
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G LOSSARY
Affidavit – a written statement made on oath.
Appeal – a proceeding, taken by a party to a case who is dissatisfied with a decision made, to a court having
authority to review or set aside that decision.
Appearance – a document which indicates that a defendant, having been served with a summons to a
Circuit Court or High Court civil action, intends to defend the action.
Appearance and defence – a document which indicates that a defendant, having been served with a claim
notice to a District Court civil action, intends to defend the action.
Barring order – an order preventing the person against whom the order is made (the respondent) from
entering the family home or using or threatening violence against the person who applied for the order (the
applicant) or other family members.
Care order – an order placing a child in the care of the Child and Family Agency (Tusla) until he or she
reaches the age of eighteen or a shorter period as determined by the court.
Certified list – a list of cases certified by counsel as being ready for hearing.
Civil bill – a document used to commence a case in the Circuit Court, it gives details of the parties to the
case and details of the claim being made.
Claim notice – a document used to commence a civil action in the District Court, it gives details of the
parties to the case and details of the claim being made.
Commissioner for oaths – a person entitled to administer oaths and take affidavits.
Debt relief notice – one of three debt resolution mechanisms introduced by the Personal Insolvency Act
2012 to help mortgage-holders and others with unsustainable debt to reach agreements with their creditors.
It allows for the write-off of qualifying debt up to €20,000, subject to a three-year supervision period.
Debt settlement arrangement – another of the debt resolution mechanisms to help mortgage-holders and
others with unsustainable debt to reach agreements with their creditors. It applies to the agreed settlement
of unsecured debts, usually over a period of five years.
Defence – a document delivered by the defendant to the plaintiff in response to a civil bill in the Circuit
Court or a plenary summons in the High Court.
Defendant – a person against whom an action is brought; a person charged with a criminal offence.
Emergency care order – an order placing a child under the care of the Child and Family Agency (Tusla)
for a maximum period of eight days if the court considers that there is a serious risk to the health or welfare
of a child.
Indictment – (a) a formal document setting out certain kinds of charges against an accused person or (b) the
process by which those charges are presented against the accused.
Indictable offence – an offence which, if committed by an adult, is triable on indictment.
Injunction – an order of the court directing a party to an action to do, or to refrain from doing, something.
Interim barring order – an immediate order, requiring the person against whom the order is made to leave
the family home, pending the hearing of an application for a barring order.
Interim care order – an order, granted when an application for a care order has been, or is about to be,
made requiring that the child named in the order be placed in the care of the Child and Family Agency
(Tusla).
Intestate – dying without making a valid will.
Judicial review – a legal remedy available in situations where a body or tribunal is alleged to have acted in
excess of legal authority or contrary to its duty.
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Judicial separation – a decree granted by the court relieving spouses to a marriage of the obligation to
cohabit.
Jurisdiction – (a) the power of a court or judge to hear an action, petition or other proceeding, or (b) the
geographical area within which such power may be exercised.
Liquidated debt – a claim for a specified amount of money.
Nolle prosequi – the entering by the prosecution of a stay on criminal proceedings (not to be confused with
an acquittal).
Notary public – a legal practitioner, usually a solicitor, who witnesses the signing of documents or makes
copies of them in order to verify their authenticity, especially for use abroad.
Oath – a form of words by which a person calls his/her god to witness that what he/she says is the truth, or
that what he/she promises to do he/she will do.
Personal insolvency arrangement – another of the debt resolution mechanisms to help mortgage-holders
and others with unsustainable debt to reach agreements with their creditors. It applies to the agreed
settlement and/or restructuring of secured debts up to a total of €3 million (as well as unsecured debts) over
a period of six years.
Petition – document used to commence certain civil proceedings in the High Court (e.g. application to wind
up a company, have a person adjudicated bankrupt).
Plaintiff – a person who brings a legal action against another.
Plenary summons – document used to commence certain civil proceedings (e.g. claims for non-specific
damages, libel, nuisance) in the High Court where pleadings and oral evidence are required.
Protection order – an interim order, granted when an application for a safety/barring order has been made,
prohibiting the person against whom the order is made from committing further acts of violence or
threatening violence.
Revenue summons – a form of summary summons heard on affidavit, used by the Revenue Commissioners
to commence civil proceedings in the High Court to recover sums due (e.g. unpaid taxes).
Safety order – an order prohibiting the person against whom the order is made from committing further
acts of violence or threatening to do so. It does not prevent the respondent from entering the family home.
Setting down for trial – a request that an action be allocated a date for hearing.
Special exemption order – an order allowing a licensee to sell alcohol outside the normal licensing hours
subject to certain conditions.
Special summons – document used to begin certain civil proceedings (e.g. equity claims, mortgage
enforcement, administration of trusts) in the High Court to be heard on affidavit (i.e. not oral evidence).
Specific performance – an order of a court which requires a party to perform a specific act, usually what is
stated in a contract, e.g. contracts for the sale, purchase or lease of land. It is an alternative to awarding
damages, and is a discretionary equitable remedy.
Summary judgment – judgment for a claim in respect of a debt or specific monetary demand. The
judgment is given to the plaintiff against the defendant in a court office without the need to bring the claim
to court.
Summary summons – document used to commence certain civil proceedings (e.g. claims for a specific
amount of money, recovery of possession by a landlord) in the High Court, to be heard on affidavit.
Supervision order – an order allowing the Child and Family Agency (Tusla) to monitor a child considered
to be at risk. The child is not removed from his/her home environment. A supervision order is for a fixed
period of time not longer than 12 months initially.
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F OREWORD FROM THE C HIEF J USTICE AND
C HAIRPERSON OF THE B OARD
It has been another busy year for the courts - one in which changes in the circumstances of
people, society, law and regulations continued to impact on how, when, and where court
business is conducted. The economic growth of the past year has led to increases in
various areas and yet the fallout from the fiscal crisis of previous years is not yet consigned
to history - its consequences still impact greatly on many businesses, communities,
individuals, and families.
It is noteworthy that the Government’s debt settlement provisions are settling in, following legislation and
ministerial orders over the past number of years. There was an increase of 84% in debt settlement work in
2015 as the Circuit Court brings parties together in real and tangible ways.
The changing economic situation can be observed in other areas of work. For example, there was a 43%
increase in small claims, indicating perhaps an increase in the buying of goods and services. The Circuit
Court has experienced a 95% increase in appeals from, or orders seeking to enforce, the decisions of
employment tribunals in dismissal cases. Likewise, anecdotal evidence of previous years suggesting that
people were remaining together in problematic relationships as they could not afford to separate, was
replaced by a 10% increase in applications for divorce and separation in the Circuit Court.
All our courts continue to be very busy. In the Supreme Court we dealt with 447 of the appeals retained by
our court following the establishment of the Court of Appeal. We received 96 applications for leave to
appeal under the new procedure, of which 43 had been resolved by year end. Likewise, the Court of Appeal
- officially opened by the President of Ireland, Michael D. Higgins in November - dealt with 387 appeals
transferred from the Supreme Court upon its establishment and 366 appeals under the new procedure. Our
new appellate regime settled in during 2015 with streamlined rules and case management initiatives
ensuring that appeals will not be left in abeyance - and that results and justice for the parties are expedited at
a considered and reasonable pace.
The High Court issued almost 28,000 orders last year during 4,660 sitting days - including weekends and
recess periods - helping to alleviate waiting times across many areas. The asylum list has benefited from
the efforts of the judges and staff in the High Court. Even given a reduced number of applications, it is
commendable that the waiting time for asylum pre-leave to appeal hearings has decreased from 30 months
to six months in a two year period.
The Central Criminal Court received 1,579 offences, an increase of 450 on 2014. The Special Criminal
Court dealt with several very lengthy trials last year and the previous year, resulting in an increase in
waiting times to almost two years. It was therefore a welcome initiative to establish a second court to deal
with this backlog.
The District Court remained at the centre of the business of the courts – accounting for over 90% of
business. The list of civil cases grew, as evidenced by a 32% increase in personal injury cases. Over the
past five years there has been a 35% increase in the number of applications for safety and protection orders,
with domestic violence in total increasing year on year. We welcome the decision to allocate the large
Hammond Lane site near the Four Courts in Dublin as a venue to accommodate all family law and childcare
cases in Dublin. Discussions continued throughout the year to bring this to fruition, and it is hoped the
facility will be opened by 2020.
In the area of capital investment, although only two smaller sized refurbishments were undertaken between
2009 and 2015, the economic lift saw the commencement of seven major courthouse refurbishments or new
builds last year.
There was a time when all of our capital investment was in buildings, creating a visible and tangible
material world. In the past 15 years the world and the Courts Service has changed greatly in this regard. We
have much fewer, but greatly improved and quality court venues. This allows for a better use of time,
money, resources, staff and judges to hear more cases in facilities worthy of the needs of those who use
them.
However in this generation we are relying more on virtual spaces, the world of information and
communications technology (ICT), clouds, networks, platforms and communities online. For example, in
the coming year in excess of 2,000 journeys from prison to court venues will be negated by the use of video
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Courts Service Annual Report 2015
conferencing technology; 43% of small claims will be online; the majority of fines are now paid online; an
eLicensing system will be initiated to allow 50,000 applications and notices to happen online; and financial
activities valued in excess of €1.6 billion, with over 400,000 transactions, will be managed centrally via IT
infrastructure freeing up staff across offices for frontline and court duties. All this is possible because there
has been a significant investment in ICT over the lifetime of the Courts Service.
But investment in ICT has to be ongoing. The monies saved in not keeping open, underused and inadequate
physical spaces of yesteryear, must be continually invested in modern information and communications
technology. Five year old desktop and office solutions are considered out of date and almost obsolete. By
the end of 2015 we were working with desktop products and programs which were 12 years old - so old
they are no longer supported.
I thank the Minister and Department of Justice and Equality for alleviating the situation at the end of the
year with some investment. I am hopeful that when we come to agree a budget for the next year ICT will
feature prominently as part of a renewed investment in credible and responsive public and court services.
Many changes require us to be flexible and ready to respond to altered sets of demands and circumstances.
Changes have occurred across a wide range of areas - including fines, road traffic, gender recognition,
assisted decision making and debt arrangements - and there have been corresponding changes to rules of
court. There have been many developments in legislation. However, we must always be aware that these
changes impact on the courts and those who work there. It is necessary to fund, provide for, and manage
resources in a manner that support both them and the needs of society.
I am grateful to the Board of the Courts Service, to my colleagues on the Bench and to the management and
staff of the Courts Service, especially the Chief Executive Officer Brendan Ryan and his Senior
Management Team, for their continued efforts, flexibility and support in the great project we undertake each
year. Our colleagues across the justice community including the Minister for Justice and Equality and her
Department, the Bar of Ireland, the Law Society, An Garda Síochána, the Probation Service, and the broad
range of other bodies including victim support organisations and staff representative bodies, all play a vital
role in assisting us to deliver modern and efficient management of our court system. We also continue to
receive much valued support from the Minister for Finance and the Minister for Public Expenditure and
Reform
We will remember 2015 as eventful and busy – a year where the seeds of where we will be in future years
were firmly grounded. This Report charts the efforts we continue to make to ensure that we continue to
change and develop.
Susan Denham
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Courts Service Annual Report 2015
C HAPTER 1 – A BOUT THE C OURTS S ERVICE
The Courts Service is responsible for the administration and management of the courts in Ireland. Its
primary functions are to manage the courts, support the judges, provide information on the courts system to
the public, and provide court buildings and facilities for court users.
Ancillary powers given to the Service under the Courts Service Act 1998 include the power to: acquire, hold
and dispose of land, enter into contracts, make proposals to the Minister for Justice and Equality in relation
to matters (including reform and development, and distribution of jurisdiction and business among the
courts), and designate court venues.
The Service, through its offices in the Supreme Court, Court of Appeal, High Court, Circuit Court, and
District Court, together with the support Directorates established as part of the management structure for the
Service, has responsibility for the management of all aspects of court activities, with the exception of
judicial functions which are a matter exclusively for the judiciary.
The Service is governed by a Board consisting of a chairperson and 17 other members. The Courts Service
Act provides that the chairperson of the Board will be the Chief Justice and that the Board should contain
judicial representatives from each court, a staff representative, a representative of the Minister for Justice
and representatives from the legal professions, trade unions and business world. The Court of Appeal Act
2014 amended the membership of the Board to include the President of the Court of Appeal (or his
nominee) and an ordinary judge of the Court of Appeal elected by the ordinary judges of that court.
The Board considers and determines policy in relation to the Service and oversees the implementation of
that policy by the Chief Executive Officer. The Courts Service Act provides that the Board in the
performance of its functions must have regard to
o the need to secure the most beneficial, effective and efficient use of the resources of the Service and
o any policy or objective of the Government or a Minister of the Government insofar as it may affect
or relate to the functions of the Service.
The Courts Service Act provides that the Board may establish committees to advise it in relation to the
performance of its functions and may appoint committee members who are not members of the Board but
have a specialist knowledge and experience related to the purposes of the committee. The committees of
the Board in 2015 were:
STANDING COMMITTEES
o Finance Committee
o Audit Committee
o Building Committee
o Family Law Court Development Committee
OTHER COMMITTEES
o Irish Sentencing Committee
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THE BOARD OF THE COURTS SERVICE
8
The Hon Mrs. Justice
Susan Denham,
Chairperson, Chief Justice
The Hon. Mr. Justice
Sean Ryan,
President of the Court of Appeal
The Hon. Mr. Justice
Peter Kelly,
President of the High Court
The Hon. Mr. Justice
Liam McKechnie, elected by
the judges of the Supreme Court
The Hon Mr. Justice
Michael Peart, elected by the
judges of the Court of Appeal
The Hon. Mr. Justice
Patrick McCarthy, elected by
the judges of the High Court
The Hon. Mr. Justice
Raymond Groarke, President
of the Circuit Court
Her Hon. Judge Doirbhile
Flanagan, elected by the judges
of the Circuit Court
Her Hon. Judge Rosemary
Horgan, President of the District
Court
Judge Gerard Haughton,
elected by the judges of the
District Court
Mr. Brendan Ryan, Chief
Executive Officer, Courts
Service
Mr. David Barniville, S.C.,
nominated by the Bar
of Ireland
Mr. James McCourt,
solicitor, nominated by the
President of the Law Society of
Ireland
Ms. Elaine Jones
elected by the staff of the Service
Mr. Conan McKenna,
an officer of the Minister,
nominated by the Minister
Mr. Pat Doyle, nominated
by the Minister
Mr. Liam Berney, nominated
by the Irish Congress of Trade
Unions
Mr. Shane Browne, nominated
by the Minister
Courts Service Annual Report 2015
STANDING COMMITTEES OF THE BOARD
Finance Committee
The Hon. Mrs. Justice Susan Denham – Chairperson
The Hon. Mr. Justice Sean Ryan
The Hon. Mr. Justice Peter Kelly
The Hon. Mr. Justice Liam McKechnie
The Hon. Mr. Justice Raymond Groarke
Her Hon. Judge Rosemary Horgan
Mr. Brendan Ryan
Mr. Conan McKenna
Audit Committee
Mr. Shane Browne – Chairperson
The Hon. Mr. Justice Michael Peart
Her Hon. Judge Elma Sheahan, nominee of the President of the Circuit Court
Judge Michael Coghlan, nominee of the President of the District Court
Mr. Conan McKenna
Mr. Pat Doyle
Building Committee
The Hon. Mr. Justice Patrick McCarthy – Chairperson
The Hon. Mr. Justice John Hedigan, judge of the High Court
His Hon. Judge Martin Nolan, nominee of the President of the Circuit Court
Judge Hugh O’Donnell, nominee of the President of the District Court
Mr. Brendan Ryan
Mr. Liam Berney
Ms. Elaine Jones
Mr. John Coyle, Head of Circuit and District Courts Operations, Courts Service
Mr. Paul Burns, Head of Infrastructure Services, Courts Service
Mr. Ciaran O’Connor, Office of Public Works
Ms. Elaine Power, the Bar of Ireland *
Mr. James McCourt
* Mr. Will Reidy nominated to act as an alternate
Family Law Court Development Committee
The Hon. Mr. Justice Michael White, judge of the High Court – Chairperson
The Hon. Mr. Justice Henry Abbott, judge of the High Court
Her Hon. Judge Petria McDonnell, judge of the Circuit Court
Her Hon. Judge Doirbhile Flanagan
Judge Gerard Furlong, judge of the District Court
Mr. Shane Browne
Ms. Nuala McLoughlin, Director of Supreme and High Courts Operations, Courts Service
Mr. John Coyle
Mr. Tom Ward, Chief Clerk, Dublin Circuit and District Civil Courts, Courts Service
Ms. Rita Considine, nominee of the County Registrars’ Association
Ms. Catherine Forde, the Bar of Ireland
Mr. Donagh McGowan, the Law Society of Ireland
OTHER COMMITTEES:
Irish Sentencing Committee
The Hon. Mrs. Justice Susan Denham, Chief Justice – Chairperson
The Hon. Mr. Justice Michael Peart
The Hon. Mr. Justice Patrick McCarthy
Her Hon. Judge Mary Ellen Ring, judge of the Circuit Court
Her Hon. Judge Rosemary Horgan
Professor Thomas O’Malley, Faculty of Law NUI, Galway
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Courts Service Annual Report 2015
ORGANISATIONAL STRUCTURE
Courts Service Board
Audit
Committee
Chief
Risk Officer
Finance
Committee
Building
Committee
Family Law Court
Development Committee
Internal
Audit
Specific Issue
Committee
Office of the
CEO
Chief Executive
Officer
Head of
Supreme & High
Courts Operations
Head of
Circuit & District
Courts Operations
Regional Offices (4)
Head of Infrastructure Services
 Information & Communications
Technology
 Estates & Buildings
 Human Resources
 Information services
Head of Resource Management
 Finance
 Organisation Development &
Training
Head of Reform &
Development
 Reform of court legislation
 Modernisation of court rules,
practices and procedures
CHIEF EXECUTIVE OFFICER AND SENIOR
MANAGEMENT TEAM
The Chief Executive Officer is responsible
for the implementation of policies approved
by the Board, the day-to-day management
of the staff, administration and business of
the Service and is also the Accounting
Officer for the Service. (see page 73 )
The Chief Executive Officer is supported
by the Senior Management Team
comprising a Head of Supreme and High
Courts Operations, a Head of Circuit and
District Courts Operations and three
support Heads: Reform and Development,
Resource Management and Infrastructure
Services.
Senior Management Team
The Service has regional support offices in Naas, Dundalk, Cork and Castlebar. The position of
NorthMidlands Regional Manager was vacant at 31st December 2015.
Regional managers
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Courts Service Annual Report 2015
STRUCTURE OF THE COURTS
Supreme Court
The court of final appeal in civil and criminal matters. Appeals may be
made only where the court grants permission in limited circumstances as
set out in the Constitution. Can decide on the constitutionality of a bill if
referred to it by the President.
Can determine a question of the permanent incapacity of the President if it
arises.
Most cases are dealt with by three judges though up to seven judges can sit.
High Court
Has full original jurisdiction in,
and power to determine, all matters
and questions, whether of law or
fact, civil and criminal. Power to
determine the validity of any law
having regard to the Constitution.
Appeal court from the Circuit
Court in civil matters.
Central Criminal Court
Criminal division of the
High Court. Tries serious
crime including murder,
rape, treason and piracy.
Circuit Court
Court of limited and local jurisdiction organised on a
regional basis
CIVIL JURISDICTION: claims up to the value of €75,000
(€60,000 in personal injury cases)
FAMILY LAW: Divorce, judicial separation, nullity, and other
ancillary matters
CRIMINAL JURISDICTION: Jury trial of offences other than
those triable in the Central Criminal Court.
Appeal Court from the District Court in all matters.
District Court
Court of limited and local jurisdiction organised on a local basis
CIVIL JURISDICTION: claims up to the value of €15,000
FAMILY LAW: Maintenance, custody, access and domestic violence
CRIMINAL JURISDICTION: includes non-jury trial of offences
including most road traffic offences.
THE SMALL CLAIMS PROCEDURE operates within the District Court
Court of Appeal
Deals with appeals from the High
Court in civil cases and appeals
from the Circuit Court, Central
Criminal Court or Special Criminal
Court. Cases are dealt with by
three judges.
Special Criminal Court
Established for the trial of offences in
cases where it is determined that the
ordinary courts are inadequate to secure
the effective administration of justice and
the preservation of public peace and order.
Cases are dealt with by three judges.
Denotes appeal structure
(the diagram is simplified for the
purpose of this representation)
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Courts Service Annual Report 2015
C HAPTER 2 – T HE Y EAR IN R EVIEW
FROM THE CHIEF EXECUTIVE OFFICER
The signs of economic recovery evident towards the end of 2014 continued in 2015
giving us reason to be cautiously optimistic, at least for the foreseeable future. We
welcomed the easing of the major funding and staffing reductions experienced in the
preceding years and the consequential improvement in our budgetary allocation. Our
allocation for 2015 was an increase of 3% on our 2014 allocation and represented the first
such increase since 2008.
We also welcomed the replacement of the Employee Control Framework process for the management of
staff numbers (which had been in place since 2009) with delegated sanction for the filling of posts up to and
including Principal Officer. This gave us greater flexibility in the area of staff replacement and, coupled
with the additional staff funding allocated in the 2016 Estimates, meant that we could begin filling some
staff vacancies.
The foresight of embarking on our own modernisation and efficiency programme some years ago continued
to pay dividends. In particular the development of combined court offices and the rationalising of offices
around the country helped us deal with the reduced staff complement and provided a solid basis on which to
plan for the future.
Our plans, insofar as they relate to the next three years, are identified in our new Strategic Plan. We are
focusing on three key areas in particular: People, Technology and Processes, as they offer significant
potential for further improvements in service delivery and value for money.
Our people remain our greatest asset so it was important to place a renewed focus on staff training, an area
that had been adversely impacted by funding reductions. Our new Learning and Development Strategy
represents a renewed commitment to, and focus on, meeting the learning and development needs of our
staff. Given the staff reductions of recent years and the age profile of our remaining staff it provides a vital
platform as we seek to make a meaningful investment in the learning and development of our staff and the
development of a learning culture.
We also continue to pursue our capital building programme. Following the significant rationalisation of our
estate of courthouses we look forward to the completion of seven major courthouse projects now underway
around the country using the Public Private Partnership (PPP) approach. We completed work on new
accommodation for the Court of Appeal revitalising the historic Public Records building in the Four Courts
complex in the process.
The omission of additional capital funding from the 2016 Estimates published in October and in particular,
funding in relation to critical existing operational information and communications technology (ICT)
systems and the development of new systems, was the cause of very grave concern. We rely on ICT to help
us meet the challenges of maintaining services to judiciary, staff, the legal profession and the public, and to
meet legislative requirements and the demand for more eGovernment and online services.
I briefed the Joint Oireachtas Committee on Justice, Defence and Equality in November on the work of the
Service including the modernisation and reform initiatives undertaken over the past six years, the challenges
faced and the measures implemented to deal with those challenges. In particular, I highlighted the
significant underfunding of ICT. Following additional submissions regarding the critical nature of our ICT
position, I was pleased to note the allocation of an additional €1 million for ICT development in the Revised
Estimates Volume in December. This additional funding will assist us to continue to develop the
infrastructure necessary for several major projects including the Fines Act and our eLicensing project.
Ongoing increased additional funding will be essential in the coming years so as to ensure that our ICT
infrastructure and systems are fit for purpose.
Our support for the judiciary manifests in a variety of ways including court sittings and initiatives such as
the Drug Treatment Court and mediation. We completed another year where scheduled court sittings were
maintained across all jurisdictions around the country. In addition, our support for the Court of Appeal in
its first full year of operation contributed in no small way to the success of that historic initiative. An award
from the Mediator’s Institute of Ireland and the short listing for a Civil Service Excellence and Innovation
Award was well deserved recognition of our work in the area of mediation.
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Courts Service Annual Report 2015
We continue to place significant emphasis on the provision of information for the public. Our website
received over 2.7m visits during the year with the significant increase in visits via mobile devices reminding
us of the changing nature of communication in the modern world. Staff around the country facilitated visits
to court buildings by thousands of students and other visitors.
The operation of the justice system is a co-operation between a wide variety of groups comprising many
people. I am indebted to the staff of the Service around the country for their continued dedication and
commitment. I am grateful for the support of the Chief Justice, other members of the Board, and other
members of the judiciary for our work. We are also supported in our efforts by the Minister for Justice and
Equality and the staff of her Department, members of the legal profession and members of many other
organisations including An Garda Síochána, Prison Service, Probation Service, and those supporting
victims. I extend my thanks to all who have supported our user groups, consultation groups and made
suggestions in other ways as to how we might improve our service.
We will continue to ensure that we fulfil our mandates of managing the courts and supporting the judiciary
and will work with the judiciary and the wider justice sector to further improve the management of cases
coming before the courts.
Our Annual Report outlines the efforts we made in 2015 to fulfil our mandates and deliver on commitments
we made in various strategic plans. It also provides information on the types of cases that came before the
courts and the work involved in dealing with them.
DEVELOPMENTS DURING 2015
PUBLIC SERVICE AGREEMENTS AND INITIATIVES
The Service continued to support Public Service agreements and initiatives aimed at improving efficiencies
and value for money in the services provided.
Civil Service reform
Public Sector reform
The Public Sector Reform Plan 2014-2016, published by the Department of Public Expenditure and Reform,
promotes the need to reduce costs and increase efficiencies, and places increased emphasis on the need to
deliver the best possible outcomes across Government departments and agencies.
The Service combines with the various agencies in the Justice and Equality sector to undertake reforms as
part of the overall Public Service Reform Programme. The agencies contribute to annual integrated reform
delivery plans compiled by the Department of Justice and Equality.
During 2015, the Service contributed to the Department’s Integrated Reform Delivery Plan which outlines
reforms under three headings: (i) sector and department specific reforms; (ii) cross-departmental actions;
and (iii) implementation of measures under the Public Service Stability Agreement 2013-2016 (the
Haddington Road Agreement). The contribution contains delivery timelines up to end 2016 and is informed
by principles in the Strategic Plan of the Service reflective of those in the Public Sector Reform Plan.
Civil Service renewal
The Civil Service Renewal Plan represents a fundamental new vision and direction for the Civil Service. It
was launched in late 2014 by the Taoiseach and the Minister for Public Expenditure and Reform with a
three year action plan for the Civil Service.
The Plan focuses on driving practical change through 25 specific actions in four key areas: unified
(managing the civil service as a single unified organisation); professional (maximising the performance and
potential of all civil service employees and organisations); responsive (changing our culture, structure and
processes so that we become more agile, flexible and responsive), and open and accountable (continuously
learning and improving by being open to external ideas, challenge and debate).
Staff of the Service contributed to the progress of the actions during the year by participating in the
development of new guidelines on staff underperformance and the development of a new disciplinary code.
Staff also attended workshops on subjects including mobility in the Civil Service and the development of a
HR strategy.
By way of additional support, the Service submitted its Workforce Plan for the period 2015-2017 to the
Department of Public Expenditure and Reform. Workforce planning assists the Service to make critical
decisions related to its workforce over the short to medium term. The process involves measuring and
comparing the workforce (supply) with future workforce requirements (demand), relative to the strategy of
14
Courts Service Annual Report 2015
the Service, planning process and overall pay budget. This ensures that the Service has the capability and
capacity required to deliver on its objective in the years ahead.
The Service encouraged staff to attend ‘town hall’ meetings which continue to be organised by the
Department of Public Service and Reform. These meetings provided a forum for public servants to join in
the reform and renewal initiative by sharing views about issues of concern to them in carrying out their
work.
Courts Service strategic documents
Strategic documents developed by the Service complement the objectives of the Public Service agreements
and initiatives and highlight areas that offer potential for further improvements in service delivery and value
for money. During 2015 these documents provided guidelines for staff in the drive to maximise the
potential of the resources of the Service.
Strategic Plan
The Strategic Plan 2014-2017 sets out six key priorities, which seek to build on the progress made in
implementing change initiatives identified in the previous strategic plan. The Plan focuses on three key
areas in particular: People, Technology and Processes.
Corporate Business Plan
The Corporate Business Plan, complements the Strategic Plan by setting out the priorities and actions for
the Service in 2015 in meeting the objectives of the Strategic Plan.
Performance budgeting targets
Performance budgeting requires the identification of key outputs, context and impact indicators for the
business units of the Service as part of the Estimates process.
The output targets for the Service were set out in the Revised Estimates Volume for 2015. They
complemented the actions set out in the Corporate Business Plan and other strategic documents providing
further measure of achievements during the year.
KEY PRIORITY 1: DELIVERING HIGH QUALITY SERVICE
The maintenance of front line services is critical to the success of the Service. Every effort continued
during the year to ensure that office services were maintained at 2014 levels or above. The changes made to
office structures in recent years as part of the modernisation programme facilitated the maintenance of high
levels of support for all court sittings notwithstanding resource issues.
Improving services
Fines (Payment and Recovery) Act 2014
The Fines (Payment and Recovery) Act 2014 introduced a number of new features including the ability to
pay a fine by instalment. It also introduced other measures including attachment of earnings for unpaid
fines, community service and the appointment of receivers.
Considerable work had to be undertaken by the Service to provide for the new payment regime envisaged
by the Act, including ICT systems development and testing and the appointment of An Post to provide
payments channels and printing services. (see also page 27)
eLicensing system
Work commenced during the year to develop an eLicensing system to incorporate the online filing of
licensing applications in the Circuit Court and District Court, the payment of court fees online and the
provision of access to an electronic licensing register. Development of the new system was undertaken
during the year end with a target date to launch the application in 2016. (see also page 26)
Improving the delivery of probate services
Work on a review of probate services commenced during the year. The ultimate project will enable the
Service deliver a more efficient and cost effective service to next of kin of deceased persons including the
provision of on-line access to a range of information.
15
Courts Service Annual Report 2015
Central Office of the High Court
A change management review of procedures in the Central Office of the High Court resulted in further
reductions in queuing times for customers.
Support and user groups
User groups continued to provide much valued input into the work of the Service during the year. Group
participants include members of An Garda Síochána, the Probation Service, the Prison Service, the Bar of
Ireland, the Law Society, and a variety of support and interest groups.
Specific user groups continued to deal with different areas of court business. They include the Criminal
Courts of Justice, a combined user group for family law in the Circuit Court and District Court, Probate
Service users, civil law in the High Court, the Court of Appeal and the Supreme Court, and users of the
Examiner’s Office. Regional and other office managers chaired meetings of representative groups in a
variety of locations including Cork, Ennis, Kilkenny, Sligo, and Trim.
User groups continued to ensure that the views and suggestions of those particularly involved in the courts system
are taken into consideration in the development and operation of policy and initiatives. They also provide a forum
for the exchange of ideas and an opportunity for users to share needs and concerns.
Victim support
Support for victims remains an important element of the service provided for court users.
The Service works with voluntary organisations including Victim Support at Court and other nongovernmental agencies to encourage the use of a dedicated waiting area with a number of rooms in the
Criminal Courts of Justice. This area is available for use by victims during the course of a trial. A separate
area for underage victims and witnesses includes a room designed specifically for child witnesses and a
room from which evidence can be given to the court by video link.
Major building projects completed since the establishment of the Service include dedicated facilities for
victims. Facilities for victims similar to those available in the Criminal Courts of Justice but on a less
extensive scale are available in other court buildings including Cork and Kilkenny. The seven court building
projects (see page 30) which commenced around the country during the year afford the Service the
opportunity to provide additional dedicated facilities. These facilities will also be a feature of any other
major courthouse refurbishment works.
During the year, the Service, on request, continued to reserve seats for victims and their families in
courtrooms, particularly during longer running trials.
The Service was represented on a criminal justice interagency working group which was co-ordinating the
implementation of the EU Directive on the Victims of Crime across criminal justice agencies.
A training and information session for frontline staff of the Service who interact with victims of crime was
developed during the year. It will be delivered in five locations in early 2016 in conjunction with Victim
Support at Court.
Support for those with debt issues
The Service and three other agencies collaborated during the year to offer quality information for those with
personal debt issues. A pilot initiative, with the Money Advice and Budgeting Service, Citizens
Information, and the Insolvency Service of Ireland, was specifically directed at those involved in possession
proceedings before the Circuit Court. Information and personal debt advisers were made available in court
buildings, initially in six locations, to engage with people about the options available to them.
“This information initiative may offer a welcome relief from the fear of the unknown and the sense of isolation the
person in debt must surely feel, as they present themselves in court – likely the first time they have ever publicly
acknowledged their financial circumstances”. Chief Justice, Mrs. Justice Susan Denham
Customer complaints
There were 45 formal complaints received during 2015. The majority (39) concerned administrative
matters which were dealt with through the customer complaints procedure. Six complaints related to
matters which could not be dealt with by administrative means.
16
Courts Service Annual Report 2015
Mediation and support services
The Service continued to work with other agencies in the development of non-judicial alternatives for
resolving disputes and settling issues during the year.
Civil cases
A mediation option continued to be made available in Dublin Circuit and District Court Civil Office for
those seeking certain court remedies. The project, supported by the Service and the Mediators’ Institute of
Ireland, is provided by three service agencies, South Dublin Mediation Service, Mediation Ballymun, and
Community Law and Mediation. Disputes where parties were asked to consider mediation included
boundary disputes, private prosecutions for breach of the peace, complaints about noise or nuisance pets,
and disputes between adult family members on questions of property.
Volunteers of the three agencies were available in the District Court to meet litigants and explain the service
every week. During the year parties in 17 cases met representatives of one of the agencies, following their
appearance in court or at the court office. There were six final agreements reached.
Business and Commercial Mediation Pilot Scheme
The Service supported a pilot scheme, launched in October, to help Chambers Ireland members and other
business and commercial enterprises resolve business disputes through mediation. The objective is to
promote the use of mediation as a cost and resource efficient way for businesses to resolve commercial
disputes. The scheme is overseen by a steering committee representing the Bar of Ireland, Chambers
Ireland, the Chartered Institute of Arbitrators (Ireland), the Law Society of Ireland and the Mediators’
Institute of Ireland.
Family cases - mediation
The mediation initiative involving the Service, the Legal Aid Board and the Family Mediation Service of
the Legal Aid Board in the District Court continued in Cork, Dublin (Dolphin House), Naas, Limerick and
Tipperary during the year. It was also the first full year of operation of a new service in Athlone.
The objective is to offer an alternative to a courts determined outcome and a more appropriate means of
resolving certain family disputes. Parties contemplating proceedings in relation to access, custody or
guardianship matters are initially invited to attend mediation information sessions. A formal mediation
process is then offered to parties willing to engage with legal advice available on site via the Legal Aid
Board.
Pilot initiatives introduced as a way of improving service included the introduction of a requirement that
litigants applying for legal aid in Cork and Athlone must attend a mandatory information session on
mediation before they will be granted representation. The results of these pilots will determine if this
change in policy will be adopted more widely and inform the implementation of any future legislation on
mediation.
Family mediation initiative
Venue
Parties attending information sessions Agreements finalised
Cork
162
31
Dublin
1,603
421
Naas
194
47
Tipperary
144
25
Limerick
115
12
Athlone
164
13
Total
2,382
549
The Mediators’ Institute of Ireland acknowledged the initiatives taken by the Service in the promotion of
mediation with an award for the Service and for the Chief Clerk of Circuit Court and District Court
Operations in Dublin as part of its ‘Family Mediation Awards 2015’.
The mediation initiative in Dolphin House in Dublin was short listed for an award as part of the inaugural
Civil Service Excellence and Innovation Awards in December. The short listing was for the Service and the
Legal Aid Board in the category of ‘Excellence in Customer Service’.
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Courts Service Annual Report 2015
The Dolphin House project established a permanent mediator presence in the busiest District Court family law
building in the country to promote mediation as a way of finding resolutions to disputes and offer support to
families at traumatic times.
Family cases - support
A support and referral service for women provided by three organisations – Women’s Aid, Dublin 12
Domestic Violence Service, and Inchicore Outreach Centre – continued in Dublin District Family Court
during the year. The service is available to all women using the court for applications under the Domestic
Violence Act in particular but also for important ancillary matters including protection of infants. It is also
available to women who present in the office indicating that domestic violence is an issue for them. 289
women availed of the Support and Referral Service in Dolphin House with a further 96 women receiving
support via telephone during the year.
The Dolphin House Support and Referral Service provides a range of information and a level of emotional support
to women more appropriately delivered by non-court staff.
AMEN, a State-supported non-governmental organisation working with male victims of domestic violence,
continued to provide an outreach service in Dolphin House during 2015. Male applicants who report
instances of domestic violence are provided with contact details for AMEN. If they need further support, an
appointment can be made with a support worker from AMEN to meet in a consultation room in Dolphin
House.
Women’s Aid in Dundalk continued to provide on-site expert advice and support services for women and
children in Louth as part of an initiative supported by the Commission for the Support for Victims of Crime.
The initiative, developed by the Service, the Probation Service and Women’s Aid is modelled on the
Dolphin House service, and is available in Dundalk courthouse on days when the District Court is sitting.
Official Languages Act
During the year, implementation of the Second Scheme of the Service under section 15 of the Official
Languages Act 2003 continued. Following an audit of the implementation exercise by An Coimisinéir
Teanga work commenced to give effect to An Coimisinéir’s recommendations.
There were three complaints received from An Coimisinéir Teanga in 2015. They related to the availability
of an interpreter for a court hearing, the availability of a court form in Irish, and the use of English-only
signage outside a building of the Service. All of the complaints were resolved to the satisfaction of the
complainant and of An Coimisinéir.
The Service is mindful of a person’s right to use Irish in court irrespective of his/her reason for being in court, for
example as a witness, a defendant, a plaintiff or a victim.
Interpretation services
The cost of the provision of interpretation services has fallen significantly in recent years reflecting the
decreased need for interpretation services and the value for money achieved by revised arrangements
entered into with service providers. Costs decreased by 75% in the years between 2008 and 2015 from
€3.75m to €912,395.
The Service made 7,490 requests for interpretation services in 71 different languages during the year.
Language
Polish
Romanian
Lithuanian
Russian
Latvian
Mandarin
Portuguese
Czech
French
Arabic
Other
Total
18
Requests
2,141
1,433
1,049
712
259
251
166
160
120
118
1,081
7,490
Courts Service Annual Report 2015
KEY PRIORITY 2: SUPPORTING THE JUDICIARY
Supporting the judiciary is a statutory function of the Service and significant resources are focussed on
fulfilling this remit. The Service continued to work during the year to ensure that all scheduled court
sittings were supported and all necessary supports were in place to enable the judiciary administer justice.
During 2015 the Service provided support for judges of all court jurisdictions:
Judiciary: 2011 – 2015 at 31st December (with maximum numbers allowed)
2011
2012
2013
2014
2015
Supreme Court
8 (8)
8 (8)
10 (10)
10 (10)
10(10)
Court of Appeal
n/a
n/a
n/a
10 (10)
9(10)
High Court
36 (36)
36 (36)
33 (36)
34 (36)
36 (40)
Circuit Court
34 (38)
38 (38)
44 (46)
44 (46)
43 (46)
District Court
61 (64)
62 (64)
61 (64)
63 (64)
63 (64)
Total
139 (146)
144 (146)
148 (156)
161 (166)
161 (170)
Court sittings
Supreme Court
The Supreme Court made significant progress in overhauling its backlog and was engaged in a proactive
review and management of its total caseload under the direction of the Chief Justice.
The court’s list was in transition following the establishment of the Court of Appeal in October 2014.
Notwithstanding the transfer of over 1,350 appeals from the court to the Court of Appeal, the court still
retained over 800 appeals (legacy appeals) which comprised a major part of its work during 2015. In
addition, it continued dealing with applications under Article 64 of the Constitution (transitional provisions
– transferred appeals) and applications for leave to appeal under its new Constitutional jurisdictions.
The court continued to sit in two panels to deal with new and legacy appeals. In addition, the Chief Justice
assigned applications for leave under the new Constitutional jurisdictions to panels to assure their speedy
determination. New appeals continued to be subject to case management procedures to ensure their just and
efficient disposal.
Two divisions of the court heard two separate cases in Washington Street Courthouse in March. It was the
first time that the court had sat outside Dublin and the first time it sat outside the Four Courts since it was
refurbished in 1931.
“As the nation approaches the first centennial anniversary of its creation, it is timely that the Supreme Court sits in
locations in the State in addition to the Four Courts” Chief Justice, Mrs. Justice Susan Denham
Court of Appeal
The Service supported the judges of the Court of Appeal in the development of judge led case management
to assist in the efficient disposal of court business. This includes one judge sitting alone for listing and case
management purposes.
The court sat every day during the law terms to deal with civil and criminal appeals. As a result of the
progress made in disposing of criminal business the sittings for criminal appeals were reduced to four days
per week from October 2015. This facilitated the sitting of two courts in the civil division of the court to
deal with civil appeals on some Mondays and most Wednesdays.
Central Criminal Court
The judicial complement in the Central Criminal Court was increased to five when the President of the High
Court allocated an additional judge to that court. This facilitated the operation of an additional court in the
Central Criminal Court. The Service was in a position to support the additional court as a result of the
appointment of additional staff and the availability of courtroom facilities in the Criminal Courts of Justice.
Special Criminal Court
In October, the Government appointed judges to a second Special Criminal Court to address the waiting
times in the hearing of cases. The court, which is expected to commence hearing cases in mid 2016, will sit
in the Criminal Courts of Justice. The Service assisted in the preparations for the new court during the year
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Courts Service Annual Report 2015
which include the development of court facilities, judicial accommodation, ICT system upgrades,
appointment of court registrars and revision of court rules.
High Court
Registrars and other office staff continued to support the work of the High Court with over 27,990 court
orders perfected following 4,659 sitting days including weekends. Initiatives including sitting as Deputy
Master of the High Court to manage personal injury and non jury judicial review lists were continued,
freeing up judicial time for the hearing of cases. Staff supported sittings during court vacation periods and,
in particular, supported court lists organised in September to maintain waiting times and deal with matters
specially fixed for hearing.
The waiting time for pre-leave asylum cases which had been reduced from 30 months to nine months during
2014 was further reduced to six months by the end of 2015. The progress achieved in recent years in
respect of the majority of other lists was maintained during the year.
Delays in the hearing of cases can occur for reasons outside the control of the courts and the Courts Service, for
example the unavailability of a witness or vital evidence or because parties or their legal practitioners are not
ready to proceed. This gives rise to adjournments which can have a major impact on the time taken to complete the
hearing of a case and on the number of cases which can be disposed of in a court sitting.
Circuit Court and District Court
All scheduled sittings of the Circuit Court and District Court were held with the exception of an occasional
day when a judge was unexpectedly unavailable and there was no opportunity to arrange a replacement.
The Service continued to liaise with the Presidents of the Circuit Court and District Court in relation to the
holding of additional sittings. In this regard, support for additional sittings was prioritised in the allocation
of additional staff.
A particular concern in the District Court is family law which saw an increase of 13% in the volume of
domestic violence applications since 2012. This has impacted most significantly on Dublin which deals
with the highest volume of domestic violence applications. The Service allocated additional staff to the
District Family Law Court in Dublin to facilitate a proposed reorganisation in the delivery of family law
District Court services to allow for additional court sittings.
Where necessary the listing of criminal business in the Circuit Court was adjusted to afford the maximum
time to urgent areas of business. Criminal business continued to be given priority (other than in
emergencies) to ensure the earliest trial date for those in custody with separate sittings for crime in the
majority of circuits.
Drug Treatment Court
The Drug Treatment Court provides a restorative justice alternative to a custodial sentence for persons with
drug addiction who have pleaded guilty before, or have been convicted by, the District Court for minor,
non-violent, criminal charges connected to their addition.
There were 98 new participants referred to the court programme in 2015, the highest number since the
programme commenced in 2001, and six graduates at the highest (gold) level. The Minister of State at the
Department of Justice and Equality visited the court in September to meet the judge in charge and members
of the court team (which includes staff of the Service). The team outlined the operation of the court,
participation levels, and efforts made to enable people outside of Dublin avail of the court programme.
Family law
The Family Law Court Development Committee consulted with the Department of Justice and Equality in
relation to the drafting of the Head of Bill to establish a new separate division for family courts.
Research assistance
The availability of high quality research assistance is a major factor in the efficient use of judicial time. The
Service continued to provide assistance in a variety of forms to members of the judiciary during the year.
Judicial assistants in the Judicial Research Office
The Judicial Research Office (JRO) was established to provide research assistance to the judiciary in all
courts. During 2015 there were six judicial assistants, all law graduates, in the JRO. Their tasks included
research for judges of all jurisdictions, preparation of material for publication on the judges’ intranet,
20
Courts Service Annual Report 2015
preparation and updating of handbooks for all court jurisdictions, and proof-reading of judgments and other
documents.
Judicial assistants in the Supreme Court, Court of Appeal, High Court and Circuit Court
Judges appointed since 2012 are assigned an assistant who combines the role of judicial assistant with that
of the traditional tipstaff. These judicial assistants assist the judge in preparing for court, conduct the judge
to court, and assist the judge as required. They may also assist the judge by researching points of law,
preparing drafts of judgments, and proof-reading completed judgments prior to delivery and publication.
Judges appointed before 2012 who have a tipstaff may also be in need of the support of a judicial assistant
for assistance with research, drafting judgments or conference papers and proof-reading. A small group of
judicial assistants is assigned to support the work of the Supreme Court, Court of Appeal, and High Court.
The Judicial Research Office provides research support to judges of all jurisdictional levels and maintains a
database of research materials for the use of judges.
Library and research facilities
The Judges’ Library continued to provide a service to judges, judicial researchers and to the staff of the
Service. Library resources include subscriptions to a range of on-line databases, and to core journals, law
reports and legislations, in addition to legal text books.
Staff of the library provided training and assistance in the use of various information resources for readers,
including a number of library induction tours, meetings with newly appointed judges, and detailed training
on online databases. They also availed of opportunities for continuing professional development and
training to keep abreast of trends and best practices, and contributed to the profession by involvement in
professional bodies.
Significant progress was made in migrating additional data to the electronic catalogue and preparing for
upgrading the electronic Library Management System, in order to implement a new loan-records system and
to make the catalogue more accessible across networks.
Additional support
Judicial Support Unit
The Judicial Support Unit continued to provide a one stop shop for issues of concern to all judges. Areas
managed by the Unit include judicial travel (both domestic and foreign), validation of travel claims,
procurement of judicial attire, protocol arrangements and liaison as appropriate between the judiciary and
other sections of the Service, and the judiciary and other Government departments.
The Unit continued to accommodate judicial and administrative visitors from Ireland and abroad and
organised tailored visits which included opportunities to meet judges and staff of the Service. Visitors from
abroad during 2015 came from China, Chile, France, Germany, Holland, Kenya, Latvia, and the United
States of America,
The Unit also continued to provide secretarial and administrative support to the Committee for Judicial
Studies, and the Judicial Appointments Advisory Board, which are independent of the Service.
Chief Justice’s Internship Programme
The Service continued to support a programme for newly graduated third level students sponsored by the
Chief Justice in June. The programme saw students from seven Irish universities and from Fordham
University, New York, USA, intern with judges of the Supreme Court, Court of Appeal, High Court and the
President of the District Court. They also availed of tours of court buildings, visits to court sittings, and
lectures organised by staff of the Service.
“This internship was like no other I experienced in my undergraduate year. I had the opportunity to witness the
unfolding of cases from start to finish, with the added benefit of the judge sharing her reasoning with me. I felt
immensely lucky to converse with the judge on topical legal matters, and also to glean insights into how she rose
within her career. The overall experience was extremely enlightening.” Caoimhe Stafford, Trinity College,
Dublin.
Support for the use of computer technology
Staff of the ICT Unit, supported by the company engaged by the Service to manage the ICT services,
continued to attend at judicial conferences during the year to provide additional information and support to
the judiciary regarding the provision and use of equipment and to respond to particular technical issues.
21
Courts Service Annual Report 2015
The Service continued to support the ongoing development of an information database to provide judges
with access to an electronic resource for research and other information purposes. Judicial researchers
assisted with the maintenance and development of the database during the year.
Newly appointed judges avail of training on the use of ICT equipment with additional training made
available to all judges on request.
Provision and use of courtroom technology
Video viewing
Video viewing facilities continue to allow for viewing of evidence including recordings of interviews in
garda stations, CCTV security footage and other forms of evidence held electronically including scanned
documentary evidence. During 2015 video viewing facilities were available in 51 courtrooms. In addition,
mobile CCTV units continued to enable video viewing in courtrooms without built-in viewing facilities in
the Criminal Courts of Justice and around the country. These units are also used by juries to review CCTV
footage during deliberations in the jury room.
Video conferencing
The use of video conferencing facilities continued to enable more efficient use of court time and streamline
court hearings during the year. These facilities eliminate the necessity for witnesses and accused in custody
to attend in person, and are of particular benefit when witnesses are abroad and for vulnerable underage
witnesses. It leads to considerable cost savings especially in relation to expert witnesses in civil cases.
Video conferencing facilities continued to be used in various types of cases during 2015 including:
o Mutual assistance cases
Evidence can be taken before a judge in a court in Ireland in respect of criminal trials in another
jurisdiction, particularly another EU Member State. Evidence was given by witnesses in courts in
the Criminal Courts of Justice in seven cases and relayed by video link to trials in countries including
Germany, Finland, Hungary, Spain and Portugal.
o Criminal cases – giving evidence outside the courtroom
Children or vulnerable witnesses can avail of video link to give evidence to the court from a witness
room. Evidence given in witness rooms in Ireland during 2015 included that given by underage or
vulnerable witnesses in 38 cases in the Criminal Courts of Justice.
o Criminal cases – giving evidence from abroad
Witnesses can give evidence via video link to trials/court cases in Ireland from other countries.
During 2015, witnesses gave evidence from countries including Australia, Canada, Germany, Latvia,
Scotland, Spain, Portugal and the United States of America.
o Commercial, non-jury, chancery, and personal injury cases in the High Court.
Witnesses can give evidence via video link for cases in Ireland, in particular medical witnesses in
child care cases, and for cases abroad.
“Videoconferencing not only reduces costs, travel times and inconvenience to witnesses and defendants, it extends
the courtroom to another building, town, county, or indeed continent”. Brendan Ryan, Chief Executive
Video link between courts and prisons
The Service worked with the judiciary to maximise the use of existing facilities and extend them where
feasible and practicable.
In this regard, a joint working group chaired by the Service and representative of An Garda Síochána, the
Prison Service, and the Chief Prosecution Solicitor’s Office was established during the year. The group was
charged with examining the potential for the extension of the use of video link between courts and prisons
for pre-trial matters in accordance with the Prisons Act 2007. This Act provides that an accused in custody
may give evidence to the court by video link from the prison rather than give evidence by attending in court.
By the end of the year, an average of forty cases per week were being dealt with by video link between
courts and prisons.
22
Courts Service Annual Report 2015
Video link to prisons is currently in operation in Cloverhill District Court, Dublin District Court 2 and
Dublin Circuit Criminal Court in the Criminal Courts of Justice, Limerick District Court, Cork District
Court and on occasion, Letterkenny District Court.
“There are considerable efficiencies and savings arising from the initiative to enable evidence via video link
between courts and prisons, not only for the Service but for other criminal justice agencies in the transportation of
accused persons to court”. Brendan Ryan, Chief Executive
Video link - general
At year end video link facilities were available in 28 courtrooms across 14 venues – in Dublin, Cork,
Tullamore, Limerick, Castlebar, Dundalk, Cavan, Limerick, Letterkenny, Monaghan, Kilkenny and Sligo.
Work was undertaken to install video link units in Galway District Court and to upgrade equipment in
Nenagh Courthouse with a view to extending video link/conferencing to these locations in 2016. In
addition, the Service will meet the increasing demand for video viewing and video link facilities in the
Criminal Courts of Justice by upgrading an additional court to a technology court during 2016.
Digital audio recording
Digital audio recording (DAR) is the standard method of recording criminal cases and producing transcripts
of court proceedings and is available in all courtrooms (including those not on the network of the Service).
To assist in the production of transcripts in the Circuit Court and the Central Criminal Court, persons known
as loggers were engaged to ‘log’ (note) certain information in court in addition to the recording available
from DAR.
The project, which commenced in 2013, to reduce reliance on external loggers with court registrars logging
the information required continued during 2015. Initially piloted in Dublin Circuit Court, the Central
Criminal Court, and Cork Circuit Court, the project was extended to criminal sittings of the Circuit Court in
Tralee, Castlebar, Ennis, Kilkenny, and Dundalk in 2015. It delivered savings of €250,000 in 2015 and is
expected to deliver annual savings of €400,000 when completed.
The Service commenced a procurement exercise in 2015 for a new contract to manage the DAR service.
The exercise is expected to conclude in mid 2016.
KEY PRIORITY 3: ENSURING SKILLED AND ENGAGED STAFF
Staff are the most valuable resource of the Service and as such it is essential that they have the necessary
skills to perform at a high level and achieve their potential. This includes equipping court going staff with
the requisite technical and legal knowledge to discharge their responsibilities effectively, and supporting
and developing managers and staff to deal with the wide range of challenges and issues which they face on
a daily basis.
Learning and Development Strategy
A key goal in the Strategic Plan of the Service is to have skilled and engaged staff. To plan how best to
achieve this goal the Service developed a Learning and Development Strategy (L&D Strategy) during 2015
following extensive consultation and engagement with managers and staff. Through an effective learning
and development function the Service will have a workforce better equipped to cope with change and to
deliver ever improving services to the judiciary and court users. The L&D Strategy will be officially
launched by the Chief Justice in early 2016.
The Service will use the L&D Strategy to:
o ensure that all staff and managers have the requisite skills to perform their roles at a high level of
competence
o enhance and maintain the legal and technical skills and knowledge and
o support and develop managers and staff in dealing with the wide range of challenges and issues they
face on a daily basis.
The organisation has faced many challenges in recent years, including reduced funding and staff numbers.
Staff have taken on ever increasing workloads and contributed to major change initiatives. The
development of the L&D Strategy reflects the renewed commitment of the Service to equip staff with the
skills required and to provide learning and development opportunities for all staff. The Service will
establish a committee, the Learning and Development Committee in 2016, to monitor the implementation of
the L&D Strategy and report thereon to the Senior Management Team.
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Courts Service Annual Report 2015
“The L&D Strategy recognises that the Service needs to keep pace with the environment in which it operates and
the wider society and respond to the learning needs of staff in ways that go beyond traditional approaches”
Brendan Ryan, Chief Executive.
Executive coaching
The Service carried out a procurement exercise during the year to select service providers of executive
coaching, another key action under the L&D Strategy. The intention is to establish a coaching culture,
which would place the Service at the forefront in this regard, certainly in the public sector. This will be
achieved by providing coaching skills training for managers, providing one-to-one executive coaching and
developing internal coaching capacity.
The Coaching for Performance programme aims to develop managers’ skills, particularly in the areas of
people management, communication, listening and providing feedback. The programme will commence in
early 2016 with the Chief Executive and Senior Management Team.
Learning and development activity
Significant additional activity was undertaken during 2015 in the learning and development area. Central to
the implementation of the L&D Strategy was capturing the wealth of knowledge that experienced staff have
and sharing that knowledge throughout the organisation. The Service organised a Train the Trainer
programme to develop skills in the design and delivery of training. Staff who availed of the programme
will play an important role in the development and delivery of future training programmes.
Other initiatives during the year included induction training for new staff, a Managers’ Toolkit training
programme for newly promoted managers, conflict resolution training for dealing with difficult situations,
and training in respect of video link logistics, health and safety and MS Office.
Technical training continued to be delivered on a continuous basis in court offices across all jurisdictions,
especially in relation to the implications of new national and EU legislation.
Conferences during the year afforded staff the opportunity to learn about initiatives underway in the
Service. They included conferences for court managers in the Circuit Court and District Court and for
senior managers in offices of the High Court, Court of Appeal, Supreme Court, and other offices of the
Service.
Work on developing an eLearning module on section 99 warrants was also progressed during the year. The
Service will expand the modules available via eLearning commencing with one to support the
implementation of the new eLicensing system (see page 26).
Staff survey
A staff survey was undertaken at the end of the year. The results, among other matters, validated the views
expressed by staff at workshops concerning their learning and development needs, and were communicated
to staff together with a number of follow up actions. The Service will undertake the survey annually and
use the results as one of the measures to assess the impact of the L&D Strategy.
Change Management Unit
The decision by the Service to establish a Change Management Unit demonstrated the intent of the Service
to create greater momentum in relation to change projects. It will also ensure a more coordinated approach
to implementation of change thereby ensuring that maximum benefit is achieved for court users and the
delivery of value for money. Plans for the new Unit were drawn up during the year with a Head of Unit to
be appointed in early 2016.
Staffing
The additional funding made available in the 2016 Estimates allowed for the appointment of over 30
additional staff. At year end plans were underway to make the necessary appointments. The Service will
prioritise the support of additional court sittings required by the Presidents and those offices worst affected
by the staff reductions over the past six years in the allocation of these posts. In particular staff will be
allocated to support additional District Court family law sittings in Dublin, additional sittings of the Central
Criminal Court in the Criminal Courts of Justice and the second Special Criminal Court.
Staff of the Office of the Official Assignee in Bankruptcy transferred definitively to the Insolvency Service
of Ireland following the expiration of the period of secondment referred to in section 60A of the Courts
Service Act 1998.
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Courts Service Annual Report 2015
Delegated sanction
The Service was given delegated sanction in July to approve the appointment of staff, both additional
positions and the filling of vacancies within the Service, up to and including Principal Officer. This allows
for greater flexibility in the expenditure of the pay budget and allows the Service fill posts more speedily as
vacancies or additional posts arise. Restrictions in approving the filling of positions include that the annual
pay allocation must not be exceeded and all posts filled must be supported by an internal business case
which is open to audit in due course.
Over 500 staff attended for internal promotion competitions held at the end of 2014 which resulted in a total
of 76 promotions during 2015. In addition 36 new clerical officers commenced duty and 16 posts in 2015
were filled by way of mobility.
Transfer of administration of human resource functions to the Human Resource Shared Service
Centre (PeoplePoint)
The Service transferred certain human resource functions to PeoplePoint, the Human Resource Shared
Service Centre, in November. PeoplePoint forms part of the Government’s overall Public Service Reform
agenda to restructure how the Public Service does business by establishing shared service models for a
number of areas.
The functions transferred included the recording of staff leave and information relating to performance
management and development. Service management meetings between the Human Resource Unit of the
Service and PeoplePoint were held prior to, and subsequent to, the transfer, and will continue in 2016.
Performance management
The on-going management of performance is a key enabler of current and future Civil Service reform. The
Performance Management and Development System (PMDS) is designed to be a meaningful and useful
support to all staff and managers in the management and improvement of individual performance. In
particular, it provides staff with a planned structure for clarifying their role and reviewing their
performance.
PMDS includes the completion of a role profile form and two performance reviews (an interim review in
June and an annual review in December). Following the transfer of information relating to performance
management and development to PeoplePoint staff will commence using ePMDS from January 2016.
Partnership
The Partnership Committee discussed a range of matters including customer service, additional staff
appointments and the draft Learning and Development Strategy during the year.
Employee assistance
The Civil Service Employee Assistance Service (CSEAS) is a regionalised service which provides services
and support to civil servants by promoting well-being, resilience and organisational effectiveness. It also
supplements the work of human resource units and managers. Staff of the Service continued to avail of the
Services of the CSEAS for advice, support and information on personal and work related matters during
2015.
Staff availing of services of CSEAS
Year
Percentage of staff
2015
12%
2014
14%
Protected Disclosures Act 2014
The Protected Disclosures Act 2014 facilitates workers in raising a concern regarding wrongdoing or
potential wrongdoing in the workplace by providing them with certain forms of protection from action
which might be taken against them for doing so.
The Act provides for different methods of protected disclosure depending on the circumstances, and
protects disclosures by workers including current or former employees, contractors, consultants, trainees,
agency staff and interns.
A policy on protected disclosures was drafted during the year. It will be considered by the Senior
Management Team in early 2016. There were no protected disclosures made to the Service in 2015.
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Courts Service Annual Report 2015
KEY PRIORITY 4: INVESTING IN TECHNOLOGY
Investment in technology has paid significant dividends for the Service across a number of key areas,
including courtroom technology, online services and e-filing.
However, while the Service remains committed to developing the significant untapped potential that exists
in this area, reduced funding and resources over the past six years have prevented the Service from taking
full advantage of the opportunities that technology offers.
Desktop infrastructure
A project to replace desktops which had commenced in 2014 was reviewed during 2015. It is planned to
complete the project, which is vital to the efficient day to day operation of the Service in 2016, following
the allocation of extra funding for ICT in the Revised Estimates Volume.
ICT Strategy 2016-2018
At year end work on the development of an ICT Strategy for 2016-2018 based on and designed to support
the Strategic Plan 2014-2017 was nearing completion. The new strategy, which will be considered by the
Board in early 2016, takes account of the importance of ICT in meeting the strategic objectives of the
organisation. It also emphasises that the maintenance and development of ICT systems is dependent on the
availability of adequate funding.
The key focus of the new strategy is ensuring value for money in investment in technology, keeping the day
to day operations up and running, taking advantage of Government provided shared service arrangements
and continuing to explore opportunities for delivering services online.
“With reduced resources and growing workloads, technology offers the best solution to enhancing customer service
and delivering improved value for money for the tax payer”. Brendan Ryan, Chief Executive
Civil courts modernisation programme
Courts Service Online (CSOL)
The CSOL project aims to deliver a single civil case management system to provide a common platform for
the civil processes of all jurisdictions. The new system has already replaced a number of existing systems
covering all jurisdictions and incorporates the facility to make applications and payments online, collect
orders and file certain documents electronically (eFiling).
The CSOL Steering Committee continued to meet during the year to discuss the management of this major
project. The Committee includes representatives from the ICT Unit and from the five operational areas
using CSOL: the Supreme Court, the Court of Appeal, personal insolvency in the Circuit Court and High
Court, and Small Claims in the District Court.
CSOL will, on completion, replace a number of legacy stand alone case management systems using a number of
diverse applications.
CSOL is being implemented on a modular basis with several areas of work of the courts benefiting from the
new system by the end of 2015:
o Insolvency arrangements
Insolvency cases continued to be processed without any requirement for paper documents
representing the first category of 100% electronic cases. The Insolvency Service of Ireland
continued to submit live cases and motions using an online account on the system.
o Small claims
The Small Claims Online system continued to enable applicants lodge claims and pay fees online.
They can follow the progress of their application through the various stages using a unique personal
identifier (PIN). Over 48% of small claims transactions were received electronically during the year.
o eLicensing (district and circuit)
This project provides the facility to apply for Circuit Court and District Court licensing applications
on-line, electronic notification of notice parties and an electronic Licence Register. Licensing
applications and renewals account for approximately 50,000 cases a year in the Circuit Court and
District Court.
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Courts Service Annual Report 2015
Development work was undertaken during the year with a target date to launch the application in
Districts 2, 6, 16 and 23 scheduled for mid 2016. The full roll out of the application is due to be
completed by early 2017 subject to funding.
o Debt Claims Online
The Service plans to use CSOL to provide an online system for the processing of liquidated debt
claims across all jurisdictions. Development work was at an advanced stage in 2015 and awaiting
enactment of the necessary legislative provisions.
o Court of Appeal and Supreme Court
Work continued during the year to develop the CSOL platform for use in the Court of Appeal and the
Supreme Court in advance of plans to further extend the system to other jurisdictions.
Criminal Case Tracking System (CCTS)
Providing for the payment of a fixed charge penalty
The Road Traffic Act 2010 provides that a person who has not paid a fixed charge penalty within the
specified time limit, and who has received a summons, may pay the penalty before the date of the court
hearing (the Third Payment Option).
The Service is participating in a cross agency project together with the Department of Justice and Equality,
the Department of Transport, and An Garda Síochána to prepare for the implementation of the Third
Payment Option. The Department of Justice and Equality and the Department of Transport have agreed to
co-fund the ICT project with the Department of Transport meeting the majority of the cost.
Providing for the payment of fines by instalment
The implementation of that part of the Fines (Payment and Recovery) Act 2014 as provides for the payment
of fines by instalment and the imposition of a subsequent court hearing and sanction where a fine remains
unpaid has significant implications for ICT systems of the Service.
A project to deliver the ICT infrastructure necessary to support the new arrangements continued during the
year. The project is being delivered in three phases. By year end testing of the first two phases was nearing
completion with both phases scheduled to go live in early 2016. Payment by instalment through an external
service provider (An Post) will also be introduced.
The third phase of the project has been subdivided in two parts: (a) tracking District Court Appeals and (b)
enforcement proceedings for District Court Appeals. Work on these will continue in 2016.
The new instalment payment option will add to the existing payment methods which include online, by post, over the
phone, and at a court office. An Post has been selected to provide the new service. PrintPost, a subsidiary of An
Post, will print fines notices and issue reminders and letters.
Management of courts financial operations
The operation of the courts generates financial activities valued in excess of €1.6 billion with over 400,000
transactions. This includes monies held and invested on behalf of wards of court and minors, fines, family
law maintenance, court fees and bail. Virtually all of these financial operations are managed centrally in the
Office of the Accountant of the Courts of Justice and the Court Funds Office.
Further details in relation to funds held on behalf of wards of court and minors are on page 82.
Availability of Wi-Fi
The Service continued to improve the availability of access to Wi-Fi in court buildings. By year end access
was available in the Four Courts, Phoenix House, the Children Court (Dublin), Dundalk, Sligo, Waterford,
Ennis, Kilkenny, Anglesea Street (Cork), Longford, Wexford, Monaghan, Portlaoise, Carlow, Naas,
Galway, Tullamore, Cavan, Bray, Carrick-on-Shannon, Trim, Letterkenny, Clonmel, Castlebar, Washington
Street (Cork), and Limerick.
Managed service contract
The outsourcing of the management of ICT services has proven to be an efficient way to provide the many
services required to support the ICT function of the Service. Following the conclusion of a procurement
exercise, the Service entered into a new contract for the provision of managed services to support the ICT
systems in courts and court offices around the country in May.
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Courts Service Annual Report 2015
KEY PRIORITY 5: CASE MANAGEMENT, COLLABORATION AND REFORM
The Service continued to work with the judiciary, the Department of Justice and Equality and the legal
profession to introduce measures aimed at reducing the time required for case processing, and to bring about
improvements to the operation of the courts and the wider justice system.
In particular, the programme to modernise and improve court rules and procedures, practices and, where
appropriate, legislation, continued. During the year the Service played a critical role in the development of
procedural and legislative reforms to the processing and hearing of court cases, case management initiatives
and other reforms.
The Service continued to support and participate in the three court rules committees (see Chapter 6) and
prepared secondary legislation reforming, updating or otherwise amending the court rules for the various
jurisdictions (Superior Court, Circuit Court, and District Court).
In addition, the programme to modernise and simplify court rules and forms, practice and terminology
continued. The Service prepared amendments to reform litigation procedure, facilitated the operation of
new primary legislation, responded to developments in jurisprudence and implemented EU judicial cooperation and mutual assistance instruments. Details of amendments prepared by the Service and adopted
by the various rules committees are in Chapter 6.
The Superior Courts Rules Committee approved rules which, when concurred in by the Minister, will
significantly reform civil procedures for a range of proceedings in the High Court, viz.:
o Rules of the Superior Courts (Chancery and Non-Jury Actions and other designated proceedings:
Pre-trial procedures) 2015
These rules will introduce new pre-trial procedures and facilitate pre-trial case management in
chancery and non-jury actions and other proceedings designated by the President of the High Court.
o Rules of the Superior Courts (Conduct of Trials) 2015
These rules will confer on the court powers to assist in managing time at trial and regulate the
adducing of expert evidence, the duties of expert witnesses, disclosure by non-parties and
appointment of assessors to assist the court.
New legislative initiatives
The review of the content and provision of input to proposed legislation (schemes of bills, bills, draft
statutory instruments, and draft EU legal instruments) to ascertain whether provisions affect court
operations or impact or require new court procedures remained a priority for the Service during the year.
Notable examples of legislation, or proposed legislation, in which the Service was involved or into which it
provide input in 2015 are:
o Debt Claims On-line (DCOL)
The draft head of bill submitted to the Department of Justice and Equality to facilitate the operation
of the proposed on-line process for the initiation of liquidated claims across all jurisdictions was not
included in the Legal Service Regulation Bill at Committee Stage in the Seanad. The Department
has indicated its intention to include these provisions in primary legislation in 2016.
o Assisted Decision-Making (Capacity) Act 2015
This act will make significant changes to the law relating to capacity and decision-making arrangements.
The act provides for repeal of the legislation regulating wardship and replacement of wardship with a new
regime of decision-making assistance, support and representation. Jurisdiction under the act will be
exercised primarily by the Circuit Court, with certain jurisdiction being reserved to the High Court. The
Service has engaged with the Department of Justice and Equality in the course of development of the
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Cross agency initiatives
The Department of Justice and Equality’s Integrated Reform Delivery Plan, to which the Service
contributes, identifies cross-departmental cooperation as an area with potential to reduce cost and improve
efficiencies. Organisations in the Justice and Equality sector continue to work to share services where
possible and to utilise common approaches wherever and whenever advantageous.
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Courts Service Annual Report 2015
Road traffic fines
Reference has already been made to a cross agency initiative in respect of the payment of road traffic fines
(see page 27).
Work continued during 2015 to enhance the Criminal Justice Interoperability Project (CJIP) to
accommodate the changes required to facilitate the Third Payment Option under the Road Traffic Act 2010.
As previously mentioned, this provision provides for the payment of a fixed penalty before the date of the
court hearing. The electronic summons application message and court schedules were amended to include
information in relation to the fixed penalty and CJIP was extended to include electronic summons re-issue
applications. The changes are scheduled for implementation in August 2016.
The Criminal Justice Interoperability Project provides for the electronic transfer of summons applications between
An Garda Síochana’s PULSE system and the Criminal Case Management System of the District Court. It also
provides for the transfer of the result of court cases, bail and warrant information to PULSE from to the District
Court system.
Criminal Justice Strategic Group
From 2015 the Service was represented on the Criminal Justice Strategic Group established by the
Department of Justice and Equality representing all the criminal justice agencies. The objective of this
strategic group is to facilitate interagency co-operation and to promote an integrated approach within and
across the criminal justice system on areas of criminal justice.
The Service fully supports and participates in the work of this Group and the subgroups set up to progress
particular topics with a cross agency dimension. In particular, the Service is represented on a number of
working groups including the Criminal Justice Interoperability and Data Exchange Group, the Victim
Services Group, the Working Group on Efficiencies in the Circuit Court and District Court, the Working
Group on the development of a Criminal Justice Leadership Training Programme, and the Legal Aid
Oversight Board.
Unified Patent Court
The Service has committed to providing facilities for a local division of the United Patent Court (UPC),
which the Government announced in late 2014 would be established in Ireland, in the event that the
international agreement for the UPC is ratified by a referendum. The Service continued to contribute to the
preparatory work required to establish the division.
Working Group on Medical Negligence and Periodic Payments
Arising from the recommendations of this Working Group, established by the President of the High Court,
the Government legislative programme, published in September 2014, includes a Civil Liability
(Amendment) Bill to provide for periodic payments in cases of personal injury awards.
The European Commission for the Efficiency of Justice (CEPEJ)
This committee of the Council of Europe is charged with promoting improvements in the administration of
justice in Member States of the Council. The Service was represented at two meetings of the Commission
during the year and continued to liaise with the Department of Justice and Equality on the provision of
annual caseload statistics to CEPEJ. The statistics are including in CEPEJ’s biennial report European
Judicial Systems, and in the EU Commission’s EU Justice Scoreboard mentioned below. The Service has
engaged in improving the capacity of its case processing systems to provide a wider range of caseflow data
for its own needs as well as for those publications.
EU Justice Scoreboard
The Service participates with the Department of Justice and Equality in meetings of the Contact Persons on
National Justice Systems hosted by the European Commission’s Directorate-General for Justice and
Consumers, which assists in developing the EU Justice Scoreboard and promotes the exchange of best
practices on the effectiveness of justice systems, including on the collection of data.
KEY PRIORITY 6: PROVIDING SUITABLE COURT ACCOMMODATION
The Service continued to maintain courthouses around the country and to plan for future court
accommodation requirements. The signing in December 2015 of a contract for the delivery of seven
courthouse projects by way of Public Private Partnership was a significant step forward. The inclusion of
courthouse projects in the Government’s Infrastructure and Capital Investment Plan 2016-2012, published
in 2015, was a welcome development.
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Courts Service Annual Report 2015
Opening of Court of Appeal
The President of Ireland, Michael D. Higgins, officially opened the Court of Appeal building on 26th
November 2015 in the presence of the Chief Justice, President of the Court of Appeal, Minister for Justice
and Equality, President of the High Court and other serving and retired members of the judiciary.
The building, once home to the Public Records Office, was completely refurbished at a cost of €3m. The
refurbishment project proceeded in two phases. The initial phase included the provision of two new
courtrooms, meeting rooms, and office accommodation for the judges of the court. The second phase
included landscaping work to the front of the building, enhance disability access and a new entrance to the
adjoining Áras Uí Dhálaigh where new offices were provided for staff of the Service supporting the court.
“The Court of Appeal has already benefited litigants, the community and the economy by reducing undue delays in
processing appeals, creating an appeals structure which is cost effective and enhancing the administration of justice
in the Superior Courts” President Michael D. Higgins
Criminal Courts of Justice
The Service continued to closely manage the public private partnership contract for the Criminal Courts of
Justice (CCJ) – a twenty five year contract between the Service and a public private partnership consortium
that will last until 2034.
The Service prepared for the commencement of a second Special Criminal Court in the Criminal Courts of
Justice by installing additional security screens and equipment outside the court where the court is to be
located. Planning works commenced on providing the necessary judicial accommodation and the necessary
changes were made to the Integrated Criminal Case Management ICT System.
Clonakilty courthouse
Refurbishment works were completed on the courthouse in Clonakilty in 2015. The works, together with an
upgrade of Macroom courthouse in 2011, were the only courthouse refurbishment works carried out in the
years between 2009 and 2015. The project resulted in a refurbished courtroom, upgrades to consultation
rooms, and the provision of a new family law courtroom. There are also improved office facilities for staff
and a victim support room.
Implementation of the Capital Building Programme including PPP projects
The Government’s Infrastructure and Capital Investment Plan 2016-2021 included seven courthouse
projects: four new courthouses in Drogheda, Letterkenny, Limerick, and Wexford; and substantial
refurbishment and extension works to existing courthouses in Mullingar, Waterford, and Cork. The projects
are to be delivered as Public Private Partnership projects with finance arranged through the National
Development Finance Agency and payments made over a period of 25 years by the Service. They are
critical to addressing the deficits which still remain in a number of county venues and are essential to the
efficient operation of courts.
An ‘information and speed meeting’ event in Kilkenny in January 2015 attracted over 150 participants. The
event afforded suppliers in the construction sector the opportunity to learn how to become part of the supply
chain for the seven courthouses as part of this €135m project.
Contract negotiations with the Preferred Bidder, BAM PPP PGGM, were concluded in December 2015 with
construction on all projects to start in early 2016 and expected to be completed in 2017. On completion the
Service will have seven state of the art courthouses totalling 37,000 sq. metres, containing 31 fully fitted
courtrooms together with all relevant support facilities including consultation rooms, victim support
facilities, holding cells, judges’ chambers and court offices.
The Service acquired temporary accommodation for the courts and court offices in Cork and Waterford, and
courts in Mullingar pending completion of the construction projects in those locations.
“The Service is looking forward to the completion of these projects and the significant improvements in facilities
they will bring to court users in the seven locations around the country. We also welcome the positive economic
impact in the areas concerned which this investment will have during the construction phase”. Brendan Ryan, Chief
Executive
Courtroom security
The Chief Justice established a working group during the year to undertake a review of security issues at
courthouses around the country. The Service is represented on the group together with the presidents of the
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Courts Service Annual Report 2015
other court jurisdictions and other judicial representatives. In addition, the Service continues to work with
An Garda Síochána on the issue of courthouse and courtroom security.
Family law and children court complex at the site on Church Street/Hammond Lane
The Government’s Infrastructure and Capital Investment Plan 2016-2021 also contained approval for the
development of a family law and children court complex.
This project will include a new Supreme Court facility and accommodation for court offices and will be
provided by way of a Public Private Partnership. It will allow for the much needed replacement of facilities
currently in Dolphin House, Phoenix House, Áras Uí Dhálaigh and the Children Court in a single location
with custom-built facilities. It will also provide appropriate accommodation for the Supreme Court.
The Chief Justice joined with the Minister for Justice and Equality, and the Minister for State at the Office
of Public Works, at the site in February to announce that a major site beside the Four Courts is to be used as
the venue for the new complex. The site, at Hammond Lane, off Church Street in Dublin is fully excavated
and archaeologically explored.
As the year progressed the requirements for the complex were considered by a working group and a
consultation process with all relevant stakeholders, including the judiciary, legal professions, and family law
and childcare agencies was undertaken. The project will be overseen by a project board and the Building
Committee.
“There is a great need for a single centre where family cases may be heard, with all the required support services at
hand. This site presents a great opportunity for us to do something positive. It can link the administration of family
law, and many other of our public services to the Four Courts complex”. Chief Justice, Mrs. Justice Susan Denham
Provision of additional family law facilities for Dublin District Court
The high volume of family law cases coming before the District Court in Dolphin House in Dublin
prompted the Service to consider the provision of additional facilities on an interim basis pending the
completion of the Hammond Lane complex.
Planning commenced to adapt courtrooms and provide facilities in Chancery Street to accommodate District
Court childcare cases with the business currently undertaken in those courtrooms to be relocated to an
alternative location. It is expected that District Court childcare business will commence in Chancery Street
during 2016.
Working group on the management of the Four Courts complex
The Building Committee agreed to establish a working group to, inter alia, consider the current
arrangements for the management of the buildings and related services in the Four Courts complex in cooperation with the Office of Public Works.
Waste management
The Service entered into a waste management contract with Greenstar through the Office of Government
Procurement during the year. A feature of the new contract is the separation of waste at office level
between paper, recyclables, and food. This will help the organisation become more environmentally
friendly while reducing waste disposal costs.
Energy management
Energy Usage
There was a 9.72% increase in overall energy consumption in 2015 when compared with 2014. Expenditure
on energy showed an increase from €2,559,274 to €2,696,485.
Energy Consumption
Overall Consumption
Overall Expenditure
Criminal Courts of Justice
2015
23,411,158 kwh
2014
21,337,103 kwh
Difference
2,074,055 kwh
% difference
+9.72%
2015
€2,696,485
2014
€2,559,274
Difference
€137,211
% difference
+5.36%
2015
5,069,482 kwh
2010
6,368,956 kwh
Difference
-1,299,474 kwh
% difference
-20.40%
The Service occupies over 117 buildings throughout the country. Some are used infrequently (once or twice
per month), others are shared with other organisations (e.g. local authorities) while others are rented to
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Courts Service Annual Report 2015
facilitate court sittings. The Service cannot provide precise figures in relation to energy usage in respect of
buildings where it is not the sole user.
Future energy management
Ireland’s third National Energy Efficiency Action Plan (NEEAP) reaffirmed the country’s commitment to
delivering a 20% reduction in energy demand across the whole of the economy by 2020. The Action Plan
sets an energy efficiency target of 33% by 2020 for the Public Sector.
The Service has committed to achieving this target and is availing of a Sustainable Energy Authority of
Ireland (SEAI) support programme by way of assistance.
The SEAI is also assisting the Service to achieve ISO 50001 Certification to meet its obligations under the
Energy Auditing Scheme. This requires ‘non SMEs’ to carry out an energy audit of their operations or have
a certified Energy Management System such as ISO 50001 in place. The first phase of ISO 50001
Certification for the Service was completed in December 2015. The Service will prepare for phase two of
the Certification which involves a full review of the Energy Management System during 2016.
ISO50001 is an international standard which enables organisations such as the Service to establish the systems and
processes necessary to improve energy performance, including energy efficiency, use and consumption.
Accessibility
The Service continued to review court buildings for compliance with disability legislation in conjunction
with the Office of Public Works. Of note during the year were works undertaken to improve accessibility in
the Four Courts, Áras Uí Dhálaigh, and the Public Records Building.
KEY PRIORITY 7: PROVIDING INFORMATION FOR THE PUBLIC
Providing information for the public is a statutory function of the Service. During 2015 efforts continued to
promote the work of the Service in print and online. Staff throughout the country also assisted in the
programme to reach out to the community via visits, talks, and participation in a variety of events organised
by the Service and by outside agencies.
Website
The website of the Service (www.courts.ie) received over 2.7 million visits in 2015, a 6% increase on 2014.
The most visited sections were Judgments and Determinations, Legal Diary, and Court Rules. The site
continued to grow traffic via mobile devices with a 22% increase in mobile visits in 2015 from 2014 and a
68% increase from 2013.
Website: Visits
2015
2014
2013
2012
Visits via mobile device (including tablet)
2015
2014
2013
2012
2,766,751
2,619,641
2,569,418
2,434,487
769,640
630,321
457,894
229,627
Social media
News of initiatives, events and court sittings continued to be posted on Facebook with information in video
format available on the YouTube channel of the Service.
Outreach
Interest in visiting the courts continued during the year with thousands of students visiting court buildings
on visits facilitated by the Service. Over 4,000 students availed of the opportunity to visit the Criminal
Courts of Justice to witness the courts in operation. Members of the judiciary assisted the Visit Programme
by facilitating many question and answer sessions.
The Service continued to support visits from community and other groups and to facilitate access to court
buildings for numerous community projects around the country. Buildings, including the Four Courts, the
Criminal Courts of Justice and courthouses including Castlebar, Cavan, Clifden, Cork, Ennis, Galway,
Kilkenny and Sligo were made available for mock trials and other events.
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Courts Service Annual Report 2015
There were over 50 events hosted in the Criminal Courts of Justice including competitions, seminars,
conferences, lectures, and visits from judiciary from other jurisdictions. The courthouse in Washington
Street Cork was opened as part of ‘Heritage Day’ in August. The Service assisted in the organisation of
lectures for the Courts Centenary Commemoration Committee in the Four Courts in March and November.
Media requests to film inside court buildings were facilitated in locations including Carndonagh, Dublin,
Galway and Swinford.
A programme to provide work experience for transition year second level students continued during the
year in offices including Cavan, Carrick-on-Shannon, Castlebar, Donegal, Dublin, Dundalk, Ennis, Galway,
Kilkenny, Naas, Roscommon, Sligo and Trim.
Media
The Service provides a Media Relations Service (MRS) to assist in the dissemination of information about
the activity and cases in the courts. The MRS, a centralised point of contact for local, regional, national and
international media, deals with queries from print, broadcast, online and social media platforms. Following
the conclusion of a procurement exercise, the Service entered into a new contract for the provision of a
MRS in June.
In addition to dealing with queries each day the MRS helps create the atmosphere for the accurate reporting
of court cases and the compiling of fact based features and documentaries on the courts system. The MRS
liaises between the Service centrally and the media; acts as a support, resource, and source of information
for court offices; and researches for and advises the judiciary on media matters.
The MRS organises media workshops, seminars and news days for trainee and student journalists and
maintains contacts with various media bodies including the National Union of Journalists, the Press Council
and the Press Ombudsman.
Media queries on a board range of subjects including court proceedings, details of charges, court processes
and statistics, and archival/historical research from documentary makers were dealt with during the year.
Over 95% of queries were dealt with on the day of receipt. Information about, and relating to, other areas of
the legal and justice system continued to be provided from the MRS as the need arose.
Other information
The Service continued to provide information to the public, government departments and parliamentary
representatives following specific requests made during the year.
Material for responses to 185 parliamentary questions tabled by members of the Oireachtas was provided
and the Service dealt with 348 letters/representations from other government departments, TDs, senators
and members of the public.
Freedom of Information
There were 118 formal requests under the Freedom of Information Acts. This followed the abolition of the
€15 application fee and revision of the fees regime under the Freedom of Information Act 2014. The Act
retained the restriction in relation to access to court records (section 42(a)(1)).
The Freedom of Information Act 2014 also introduced a Publication Scheme which requires public bodies
to publish information on their websites about the organisation, its functions and responsibilities. The
Service commenced work on a Scheme during the year. It will provide general information on the Service
and information on services provided to public, the decision making process for major policy proposals,
financial information and procurement. It will also include a Freedom of Information Disclosure Log which
includes details of previous Freedom of Information requests and other routinely published information.
The Scheme will be published on the website of the Service in early 2016.
Requests: Freedom of Information Acts
On hand 01/01/15
1
Received
118
Dealt with
117
On hand 31/12/15
2
Outcome of requests dealt with
Access granted/part granted
Refused
Transferred/withdrawn
34
78
5
33
Courts Service Annual Report 2015
The Freedom of Information Officer continued to participate in the Public Service Users Network, a group
of Freedom of Information officers in public service bodies.
Data Protection
The Service dealt with 25 requests under the Data Protection legislation during the year.
34
Courts Service Annual Report 2015
C HAPTER 3 – S TATISTICS
COURT STATISTICS: OVERVIEW
Civil business by jurisdiction
District Court
Circuit Court
High Court
Court of Appeal
Supreme Court
Total
Incoming
147,617
57,161
42,717
641
109
248,245
Resolved
119,894
37,865
31,730
750
524
190,763
Civil business by type
Civil and commercial litigious cases
Civil and commercial non-litigious cases
Non-litigious enforcement cases
Appeals
Cases Stated
Other
Total
Incoming
138,540
89,097
16,526
2,746
37
1,299
248,245
Resolved
Criminal offences and appeals (by offence)
District Criminal Court
Circuit Criminal Court
Special Criminal Court
Central Criminal Court
Court of Criminal Appeal
Court of Appeal (Criminal)
Total
Incoming
405,007
28,978
45
1,579
862
436,471
Resolved
298,797
23,441
29
839
6
1,186
324, 298
Criminal offences and appeals total
Offences
Appeals
Total
Incoming
420,720
15,721
436,471
Resolved
310,220
14,078
324,298
87,505
82,339
16,844
2,751
25
1,299
190,763
COURT STATISTICS: HIGHLIGHTS
Civil
o 18,992 personal injury suits filed – a 7% increase on 2014
o 148 cases in the commercial list of the High Court – a 13% decrease on 2014
o 1,397 orders for possession – 113 in the High Court, a 40% decrease on 2014, and 1,284 in the
Circuit Court, a 21% increase on 2014
o 471 people adjudicated bankrupt – 14 on foot of applications by creditors and 457 by debtors (self
adjudications) – a 5% increase on 2014
o 1,735 applications received under the debt resolution mechanisms introduced by the Personal
Insolvency Act 2012 – an 84% increase on 2014
o 164 asylum-related judicial review applications – a 12% decrease on 2014 and a 57% decrease on
2013
o 1,419 applications for judicial separation – an 11% increase on 2014 – the majority in both the
Circuit Court (71%) and the High Court (91%) by wives
o 4,314 applications for divorce – a 9% increase on 2014 – the majority in both the Circuit Court
(54%) and the High Court (58%) by wives
o 78 applications to dissolve partnerships – the majority in both the Circuit Court (71%) and the High
Court (66%) by females
35
Courts Service Annual Report 2015
o 14,374 applications to the District Court under the domestic violence legislation – a 6% increase on
2014
o 10,217 child care applications – a 10% increase on 2014
o 750 civil appeals disposed of in the Court of Appeal in first full year of operation
o 96 applications for leave to appeal to the Supreme Court and 447 appeals disposed of
Criminal
o 61% of orders in the District Court relate to road traffic offences – little change from 2014
o 7,218 orders in respect of drink driving offences – a 15% decrease on 2014, and a 36% decrease on
2013
o 12,310 orders in respect of drugs offences in the District Court – a 4% increase on 2014
o 30,451 orders in respect of public order offences in the District Court – little change from 2014
o 45% of offences in the Circuit Court relate to fraud/theft/robbery
o 73 trials in the Central Criminal Court – an increase on the 63 trials in 2014
o murder convictions in respect of 19 offences in the Central Criminal Court
o rape convictions in respect of 156 offences in the Central Criminal Court
o 302 appeals in respect of 862 offences lodged in the Court of Appeal
CIVIL BUSINESS
The courts received 248,245 civil cases and dealt with 190,763 in 2015. There were 147,617 cases received
and 119,894 cases disposed of in the District Court; 57,161 cases received and 37,865 cases disposed of in
the Circuit Court (including appeals from the District Court); 42,717 cases received and 31,730 cases
disposed of in the High Court (including appeals from the Circuit Court); 641 appeals received and 750
appeals disposed of in the Court of Appeal and 109 applications for leave to appeal/appeals received and
524 disposed of in the Supreme Court.
Civil business is categorised by type:
1. Civil and commercial litigious cases comprise cases where one party is suing another; European
Order for Payment applications; corporate insolvency cases; personal insolvency cases (concerning
applications by creditors); appeals to the District Court and litigious enforcement matters.
2. Civil and commercial non-litigious cases comprise proceedings issued in Ireland that are not interpartes (including probate, wards of court, and personal insolvency cases concerning applications by
debtors in person); and certain foreign proceedings.
3. Non-litigious enforcement cases comprise proceedings by creditors following judgment to procure
payment of debts due.
4. Appeals comprise civil and family law appeals from the District Court to the Circuit Court; from the
Circuit Court to the High Court; and from the High Court to the Court of Appeal. They also include
applications for leave to appeal and appeals to the Supreme Court.
5. Cases stated are instances where a court asks for an opinion on a point of law from a higher court.
Civil business by type
1
Civil and commercial litigious cases
2
Civil and commercial non-litigious cases
3
Non-litigious enforcement cases
4
Appeals
5
Cases stated
6
Other
Total
36
Incoming Resolved
138,540
87,505
89,097
82,339
16,526
16,844
2,746
2,751
37
25
1,299
1,299
248,245
190,763
Courts Service Annual Report 2015
District Court, Circuit Court, High Court
1. Civil and commercial litigious cases
Civil and commercial litigious cases
(a)
Cases where one party is suing another
(b)
European order for payment applications
(c)
Corporate insolvency
(d)
Personal insolvency (creditors)
(e)
Appeals to District Court
(f)
Litigious enforcement
Total
Incoming Resolved
132,864
82,757
83
79
178
265
128
96
394
82
4,893
4,226
138,540
87,505
(a) (i) Cases where one party is suing another: general
1. Personal injury
A person may pursue a claim for damages for personal injuries through the courts upon receipt of an
authorisation from InjuriesBoard.ie. This is a legal document issued in the absence of consent from the
person responsible for the injury (the respondent) to the assessment of the claim by the Board.
Settlements in cases involving persons under 18 years (infant rulings) must be brought before the relevant
court for approval prior to being accepted.
There were 18,992 personal injury suits filed in 2015, a 7% increase on the 17,763 in 2014 – 7,219
(including 967 medical negligence) in the High Court, a 2% increase on the 7,047 in 2014, and 10,631 in
the Circuit Court, an 8% increase on the 9,852 in 2014. There were 1,142 suits filed in the District Court,
an increase of 32% on the 864 in 2014.
Incoming
High Court
Circuit Court
District Court
Total
7,219
10,631
1,142
18,992
Resolved
By court Out of court
814
3,377
4,973
426
501
0
6,288
3,803
The District Court has power to award up to €15,000 in damages in personal injuries cases and the Circuit
Court has power to award up to €60,000, though both courts can make higher awards with the consent of the
parties. The High Court has unlimited power to award damages.
Personal injury awards: District Court
Amount
Cases
€0 to €7,500
286
€7,500 to €15,000
211
€15,000+
4
Total
501
Personal injury awards: Circuit Court
Amount
Cases
€0 to €15,000
460
€15,000 to €60,000
546
€60,000+
6
Total
1,012
Personal injury awards
Lowest amount awarded
Highest amount awarded
Total amount awarded
Personal injury awards: High Court
Amount
Cases
€0 to €60,000
4
€60,000 to €199,999
367
€200,000 to €499,999
48
€500,000+
50
Total
469
High Court Circuit Court District Court
€2,500
€208
€700
€13,522,000
€90,000
€15,100
n/a
€16,626,607
€3,525,900
37
Courts Service Annual Report 2015
2. Commercial
Commercial proceedings are defined in Rule 1 of Order 63A of the Rules of the Superior Courts. In short,
they include claims in contract or tort arising out of business transactions where the value of the claim is not
less than €1 million, intellectual property cases (including passing off), certain types of arbitration claims
and appeals from, or judicial review applications in respect of , any statutory body where the judge in
charge of the list considers that, having regard to the commercial or any other aspect of such an application
it is one appropriate for entry into the commercial list.
Entry into the commercial list is not mandatory for any case types. Cases are only admitted to the list if one
of the parties makes an application, and the judge admits the case. They are not automatically admitted to
the commercial list because of the relief sought, and can be prosecuted in the chancery or in the non-jury
lists if the parties so wish.
There were 148 new cases admitted to the High Court commercial list, a 13% decrease on the 171 admitted
in 2014. There were 111 cases disposed of – the same number as were disposed of in 2014.
Incoming
High Court
148
Resolved
By court Out of court
85
26
Analysis of caseload 2015 2014
On hands 01/01
166 106
Incoming
148 171
Resolved
111 111
On hands 31/12
203 166
Analysis of cases resolved
Motion to dismiss
Settled after entry
Settled after directions hearing
Settled after hearing date set
Settled at hearing
Full hearing
Other
Total
2015 2014
4
1
5
8
13
13
8
15
9
11
61
61
11
2
111 111
3. Chancery
Chancery matters are dealt with in the High Court. They include injunction applications, company law
motions, specific performance/rescission of contracts, administration of estates of deceased persons, and
trust actions.
Incoming
High Court
2,310
Resolved
By court Out of court
411
268
Analysis of incoming cases
2015 2014
Specific performance
152
212
Injunction
298
375
Declaration
1,280
873
European Communities (Cross Border mergers) Regulations, 2008 *
9
6
Other
571
683
Total
2,310 2,149
*
38
S.I. No. 157 of 2008
Courts Service Annual Report 2015
4. Property
Property (possession) cases are cases in which the plaintiff is seeking possession of lands and/or premises
including family homes.
Other property cases include ‘mortgage suits’ (cases where the creditor has a mortgage on the property in
which the defendant has an interest but does not have power to sell that property unless the court declares
the mortgage well-charged on the debtor’s interest), applications for ejectment, applications under Landlord
and Tenant legislation, applications involving the Private Residential Tenancies Board and ground rent
matters.
There were 5,169 cases for the recovery of possession of lands and/or premises in the High Court and
Circuit Court – a 38% decrease on the 8,293 cases in 2014. There were 668 other property cases across the
jurisdictions.
Property (possession) Incoming
Resolved
By court Out of court
High Court
148
113
3
Circuit Court
5,021
2,738*
0
Total
5,169
2,851
3
*
comprises 1,284 orders for possession granted and 1,454 orders not granted.
Property (other) Incoming
High Court
Circuit Court
District Court
Total
54
581
33
668
Resolved
By court Out of court
21
1
736
222
50
0
807
223
5. Breach of contract
Where a party refuses or fails to fulfil an obligation imposed by a contract, the injured party can bring an
action for damages. In this context, breach of contract cases do not include claims for liquidated damages.
Incoming
High Court
474
Resolved
By court Out of court
48
80
6. Recovery of debt (liquidated claims)
Actions to recover debt are generally taken by financial institutions seeking to recover specified amounts of
money, often in respect of loans. (see also page 50)
The courts received 25,862 claims for the recovery of liquidated debt in 2015, a 14% decrease on the 30,143
in 2014. There were 2,748 cases in the High Court, 4,241 in the Circuit Court, and 18,873 in the District
Court.
Incoming
Resolved
Out of court
Out of court
(discontinuance)
(judgment marked in the office)*
97
1,153
409
3,031
0
8,836
506
13,020
By court
High Court
Circuit Court
District Court
Total
*
2,748
4,241
18,873
25,862
680
461
1,274
2,415
these figures are also featured on page 50 as part of the civil and commercial non-litigious statistics.
7. Negligence (excluding medical negligence)*
Negligence claims are claims for damages against a person or persons against whom it is alleged breached a
duty of care owed to the claimant resulting in pecuniary loss.
Incoming
High Court
*
766
Resolved
By court Out of court
60
89
Medical negligence cases form part of personal injury cases on page 37.
39
Courts Service Annual Report 2015
8. Defamation
Defamation is defined by the Defamation Act 2009 as the 'publication, by any means, of a defamatory
statement concerning a person to one or more than one person (other than the first-mentioned person)'.
Incoming
Resolved
By court Out of court
212
10
24
48
4
4
260
14
28
High Court
Circuit Court
Total
9. Assault
Assault claims are claims for damages against a person or persons against whom it is alleged intentionally
attempted or threatened to inflict injury that placed the claimant in fear of imminent bodily harm or brought
about an un-consented harmful or offensive contact with the claimant.
Incoming
High Court
Resolved
By court Out of court
9
12
139
10. Employment
Employment cases include those relating to the enforcement of and appeals relating to decisions of the
employment tribunals brought under legislative provisions relating to matters such as unfair dismissal,
payment of wages, adoption leave, parental leave and organisation of working time.
There were 135 applications relating to dismissal in 2015, a 95% increase on the 69 in 2014.
Employment (dismissal)
Incoming
Resolved
By court Out of court
1
0
0
134
101
1
135
101
1
High Court
Circuit Court
Total
Employment (other)
Incoming
Resolved
By court Out of court
12
4
3
152
88
44
164
92
47
High Court
Circuit Court
Total
11. Small claims
The Small Claims Procedure provides an inexpensive way for consumers to resolve consumer complaints,
and business to make claims against other businesses, without the need to employ a solicitor. To make a
claim under the Irish small caims procedure both the claimant and the respondent must be living or based
within the State and the claim cannot exceed €2,000. Claims can be made online or lodged in person in the
court office.
The European Small Claims Procedure, provided for in Regulation (EC) No. 861/2007 and the District
Court Rules 1997-2014, is an alternative method of commencing and dealing with civil and commercial
matters in respect of a small claim in cross-border cases. These are cases where at least one of the parties
lives in a Member State of the European Union (excluding Denmark) other than the Member State of the
court dealing with the claim. The claim cannot exceed €2,000. Claims cannot be made online.
Small claims: Ireland* and EU
Incoming
District Court
*
40
Ireland claims include those made online
Resolved
By court Out of court
2,339
632
1,049
Courts Service Annual Report 2015
Analysis of cases dealt with
Not proceeded with
Decrees by default
Settled by registrar
Settled after notice to pay
Referred to court
Total
Adjudicated by the court
Decrees granted
Cases dismissed
Withdrawn/struck out
Total
Small claims (Ireland)
2015
110
241
601
n/a
600
1,552
Small Claims (EU)
2015
5
27
65
n/a
32
129
Small claims (Ireland)
2015
215
49
164
428
Small Claims (EU)
2015
12
4
3
19
12. Proceeds of crime
The Proceeds of Crime Act 1996 provides for the civil forfeiture of property which is the proceeds of crime.
Applications to the High Court under the Act are usually made by the Chief Bureau Officer of the Criminal
Assets Bureau. If the court is satisfied, on the balance of probabilities, that a person is in possession or
control of property which is or represents the proceeds of crime, it may order the freezing of the property
and, after seven years, its disposal for the benefit of the Exchequer.
Incoming
High Court
17
Resolved
By court Out of court
1
0
13. Judicial review
Judicial review applications are made when a person seeks an order in respect of the actions or decisions of
certain courts, tribunal or regulatory bodies. Applications in asylum related cases generally seek an order
quashing the decision of a body such as the Refugee Appeals Tribunal, or an injunction restraining the
Minister for Justice and Equality from deporting them.
There were 693 applications for judicial review to the High Court in 2015, a 17% decrease on the 835 in
2014. There was a 12% decrease in asylum-related applications – 164 compared with 187 in 2014. Asylum
related applications represented 23% of the total number of judicial review applications during the year,
similar to 2014 when the figure was 22%.
Judicial review
(asylum related)
High Court
Incoming
Resolved
By
court
164 349
Out of
court
306
Analysis of caseload
Incoming
Orders made:
Liberty to apply for judicial review granted
Liberty to apply for judicial review refused
Interim orders
Final orders – relief granted
Final orders – relief refused
Final orders – miscellaneous
Final orders – struck out (no order)
Total
Judicial review
(other)
Incoming
Resolved
By
Out of
court
court
529
509
45
High Court
Judicial review
Judicial review
(asylum related) (other)
2015
2014
2015
2014
164
187
529
648
124
14
146
89
87
172
309
941
98
24
89
72
58
168
334
843
392
51
295
237
83
30
159
1,247
481
27
232
145
144
78
1,107
41
Courts Service Annual Report 2015
14. Regulation of professions
The High Court deals with cases relating to the confirmation of, and appeals relating to, sanctions imposed
by bodies regulated by statute affecting the ability of a registered professional to practice.
Incoming
High Court
279
Resolved
By court Out of court
256
1
15. Garda compensation
Members of An Garda Síochána who sustain injuries maliciously inflicted upon them in the performance of
their duties or acting in their general capacity as a member of the force are entitled to apply to the High
Court for compensation. Off duty members assaulted by virtue of them being a member of the force may
also apply for compensation.
Incoming
High Court
76
Resolved
By court Out of court
67
0
16. Habeas corpus
Persons who believe they are being detained or held unlawfully, may apply to the High Court for an order of
habeas corpus under the Habeas Corpus Act 1782. This requires the person or institution detaining them to
either produce the body of the person detained before the court or release that person from such detention.
The expression ‘order of habeas corpus’ does not include an order made pursuant to Article 40 section 4 of
the Constitution.
Incoming
High Court
139
Resolved
By court Out of court
110
0
17. European arrest warrants
The High Court is responsible for the execution of European arrest warrants received by Ireland. A
European arrest warrant, valid throughout the EU, may be issued by a national judicial authority if the
person whose return is sought is accused of an offence for which the maximum penalty is at least a year in
prison or if he or she has been sentenced to a prison term of at least four months. Likewise, the Director of
Public Prosecutions may apply to the High Court for the issue of a European arrest warrant where a person
in another member state is facing charges or is required to serve a sentence in Ireland.
There was a slight increase in applications in European arrest warrant cases in the High Court – 264 as
compared to 254 in 2014. There were 112 orders made, a slight decrease on the 120 made in 2014.
Incoming
High Court
264
Resolved
By court Out of court
112
0
18. Bail
Most bail applications are made, in the first instance, to the District Court. An exception relates to a person
charged with murder – he/she can only apply to the High Court for bail. A person refused bail in the District
Court may apply to the High Court for bail and a person granted bail in the District Court may apply to the
High Court to vary the conditions of the bail.
Incoming
High Court
42
1,985
Resolved
By court Out of court
1,985
0
Courts Service Annual Report 2015
19. Other
Incoming
High Court
Circuit Court
District Court*
Total
1,057
3,601
4,919
9,577
Resolved
By court Out of court
355
67
2,435
701
3,146
0
5,936
768
* includes control of dogs, food safety, breach of contract, breach of duty,
Environ
mental Protection Agency Act applications relating to noise, and negligence
(a) (ii) Cases where one party is suing another: family law
The High Court and the Circuit Court have concurrent jurisdiction in family law matters. However, the
majority of judicial separation, divorce and nullity applications are made to the Circuit Court. There is a
right of appeal from the Circuit Court to the High Court.
1. Divorce
A decree of divorce dissolves a marriage and allows each party to remarry. Before a court can grant a
divorce, the parties must have been married and living apart for a period amounting to four out of the
previous five years before the application is made; there must be no reasonable prospect of reconciliation;
and proper arrangements must have been made or will be made for the spouse and any dependent members
of the family.
There was a 9% increase in the number of applications for divorce in 2015 – 4,314 as compared to 3,956 in
2014. There were 24 applications in the High Court and 4,290 in the Circuit Court - the majority were by
wives – 58% in the High Court and 54% in the Circuit Court. There were 3,291 orders made – 25 in the
High Court and 3,266 in the Circuit Court.
Incoming
Resolved
By
Out of
court court
24
25
0
4,290 3,266
0
4,314 3,291
0
High Court
Circuit Court
Total
Trends: Divorce: applicants
Year
Wife
Husband
High Circuit High Circuit
Court Court Court Court
2015
14 2,333
10
1,957
2014
10 2,202
13
1,731
2013
6 1,979
5
1,619
2012
8 1,840
12
1,622
2. Judicial separation
A decree of judicial separation removes the obligation on spouses to co-habit. The most common ground on
which a decree is granted is where the court considers that a normal marital relationship has not existed
between the spouses for at least one year before the date of the application for the decree.
There were 1,419 applications for judicial separation in 2015 – 35 in the High Court and 1,384 in the Circuit
Court – an 11% increase on the 1,276 applications in 2014. The majority of applications in both
jurisdictions (91% in High Court, 71% in Circuit Court) were by wives. There were 832 orders made – 38 in
the High Court and 794 in the Circuit Court with one case resolved out of court.
Incoming
High Court
Circuit Court
Total
Resolved
By court Out of
court
35
38
1
1,384
794
0
1,419
832
1
Trends: Judicial separation: applicants
Wife
Husband
Year
High Circuit High Circuit
Court Court Court Court
2015
32
977
3
407
2014
19
943
6
333
2013
20
918
5
374
2012
16
926
5
343
43
Courts Service Annual Report 2015
3. Dissolution of partnership
The courts can dissolve civil partnerships in a similar way to the granting of divorce. A decree of
dissolution allows both parties to a civil partnership to marry or enter into a new civil partnership.
There were 78 applications to dissolve partnerships in 2015 – three in the High Court and 75 in the Circuit
Court. The majority were by females – 66% in the High Court and 71% in the Circuit Court.
Incoming
High Court
Circuit Court
Total
Resolved
By court Out of court
3
0
0
75
29
0
78
29
0
Dissolution of partnership: applicants
Female Male
High Court
2
1
Circuit Court
53
22
4. Cohabitation
These are claims made under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act
2010 in respect of claimants who are living together in an intimate and committed relationship, not married
to each other, not in a registered civil partnership and not related to each other.
Incoming
High Court
6
Resolved
By court Out of court
1
0
5. Nullity
Nullity of marriage (civil nullity or civil annulment) is a legal declaration by the court which states that
although two people went through a marriage ceremony, their marriage never actually existed in the eyes of
the law or the State. There are two types of marriages that may be annulled or cancelled - void marriages
and voidable marriages. A void marriage is considered to have never taken place. A voidable marriage is
considered to be a valid marriage until a decree of annulment is made.
Nullity of civil partnership is a declaration by a court that a supposed civil partnership is null and void, and
that no valid civil partnership exists between the partners. Unlike nullity of marriage (where void marriages
and voidable marriages that may be annulled) in nullity of civil partnership law, there are only void civil
partnerships. There were no applications to annul civil partnerships in 2015.
Nullity of
marriage
Incoming
Resolved
By Out of
court court
2
0
0
33
16
0
35
16
0
High Court
Circuit Court
Total
Trends: Nullity of marriage: applicants
Year
Wife
Husband
High Circuit High Circuit
Court Court
Court Court
2015
1
12
1
21
2014
1
18
1
18
2013
1
19
1
27
2012
0
17
0
11
6. Guardianship, custody, access
Guardianship means the rights and duties of parents in respect of the upbringing of their children. Custody
is the right of a parent to exercise physical care and control in respect of the upbringing of his or her child
on a day-to-day basis. Access is contact between a child and its parent or other relative with whom the child
does not live. The majority of applications in all three areas are made to the District Court.
The District Court received 14,396 guardianship applications. Of these, 2,367 were by unmarried
applicants, a 12% decrease on the 2,693 such applications in 2014. There were 5,916 applications for
custody and access in District Court.
44
Guardianship
Incoming
District Court
14,396
Resolved
By
Out of
court
court
13,037
0
District Court: Guardianship
Unmarried applicants
2015 2014
Granted
1,808 2,121
Not granted
559
572
Total
2,367 2,693
Courts Service Annual Report 2015
Custody & access
District Court
Incoming
Resolved
By
Out of
court court
5,916 5,314
0
District Court: Custody and access:
Outcomes
2015
2014
Granted
3,489 3,684
Not granted
1,825 2,016
Total
5,314 5,700
Circuit Court: Custody and access: Outcomes
Judicial
Dissolution
Divorce
separation
2015 2014 2015 2014 2015 2014
Orders made
322
378
4
2
719
660
7. Maintenance
Maintenance is financial support (money) paid by a person for the benefit of a dependent spouse/civil
partner and/or dependent children. Spouses/civil partners are required to maintain each other according to
their means and needs. Parents, whether married or not, are responsible for the maintenance of their
dependant children. If the parties cannot reach an agreement about maintenance an application can be made
to the court for a maintenance order. The majority of applications for maintenance are made to the District
Court.
Incoming
High Court
District Court
*
Resolved
By court Out of court
3
2
0
9,270*
7,620
0
includes applications subsequent to initial application including
applications to vary and applications to recover arrears
District Court: Maintenance: Outcome of
initial applications made (by applicant)
Married
Unmarried
2015 2014 2015 2014
Granted
1,015 964 2,043 2,325
Not granted
338 347
528 658
Total
1,353 1,311 2,571 2,983
8. Domestic violence
Domestic violence legislation protects spouses/civil partners and children and offers legal remedies to
dependent persons, and persons in other domestic relationships where their safety or welfare is at risk
because of the conduct of the other person in the relationship. It also gives An Garda Síochána powers to
arrest without warrant where there is a breach of a court order.
Safety order
A safety order prohibits the person against whom the order is made (the respondent) from engaging in
violence or threats of violence. It does not oblige that person to leave the family home. If the person does
not normally live in the family home, it prohibits them from watching or being in the vicinity of where the
person applying for the order (the applicant) and dependent children lives. A safety order can be made for
up to five years.
Barring order
A barring order requires the respondent to leave the family home and stay away from the family home of
the applicant and/or dependent children. It may also include terms prohibiting the respondent from using or
threatening to use violence. A barring order can be made for up to three years.
Once a summons has been issued for a safety order or a barring order the applicant can apply for a
protection order or an interim barring order while waiting for the application to be heard in court.
Protection order
This is a temporary safety order. It gives protection to the applicant until the court decides on a safety or
barring order application. It is intended to last until the case is heard and a decision made. It does not oblige
the respondent to leave the family home.
Interim barring order
This is a temporary barring order. It is intended to last until the barring order application is heard in court
and a decision made. Under the Domestic Violence Act 2002 a full court hearing must take place within
eight working days of the granting of an interim barring order. The court must be of the opinion that there
are reasonable grounds for believing there is an immediate risk of significant harm to the applicant or any
dependent person if the order is not made immediately and the granting of a protection order would not be
sufficient to protect the applicant or any dependent person.
Applications to the District Court under the domestic violence legislation increased by 6% to 14,374 from
13,528 in 2014. There was a 2% increase in applications for safety orders (5,626 as compared to 5,499 in
2014) and a 16% increase in applications for protection orders (5,108 as compared to 4,406 in 2014).
45
Courts Service Annual Report 2015
Applications for interim barring orders showed a 5% increase (731 as compared to 699 in 2014) while
applications for barring orders showed a slight decrease from 2,671 in 2014 to 2,638.
Incoming
14,374
District Court
Resolved
By court Out of court
13,400
0
Circuit Court: Domestic violence: Outcomes
Orders made
2015 2014
50 47
District Court: Domestic violence: Trends
Barring order applications
Barring orders granted
2015 2014 2013 2012 2011
2,638 2,671 2,738 2,789 2,763
859
877 1,167 1,165 1,043
Protection order applications
Protection orders granted*
5,108
4,225
4,406
4,024
4,529
4,142
4,192
3,849
3,403
3,085
Safety order applications
Safety orders granted
5,626
1,917
5,499
2,029
5,334
2,381
5,026
2,255
3,755
1,513
Interim barring order applications
Interim barring orders granted
731
563
699
569
674
522
648
520
731
569
Other applications
Orders granted
271
263
12
0
-
-
-
*
Some interim barring orders were granted on foot of applications for protection orders.
Likewise some protection orders were granted on foot of interim orders
9. Adoption
These are applications made under the Adoption Act 2010 for the making of adoption orders and challenges
thereto.
Incoming
High Court
Resolved
By court Out of court
21
1
35
10. Child abduction: Hague Luxembourg Convention
The Hague Convention on the Civil Aspects of International Child Abduction (1980) is the main convention
covering child abduction. The Convention seeks to protect children from the harmful effects of abduction
and retention across international boundaries by providing a procedure to bring about their prompt return. It
is based on the principle that the court of the child's habitual residence is best placed to decide any custody
disputes.
Ireland is a signatory to The Hague and Luxembourg Conventions. These conventions have been
incorporated into Irish domestic law by the Child Abduction and Custody Orders Act 1991.
There was a 58% increase in new applications to the High Court under the Hague Convention on Child
Abduction – 41 compared to 26 in 2014, with 29 orders made.
Incoming
High Court
41
Resolved
By
Out of
court court
29
0
High Court: Child abduction: analysis
Incoming
Orders made
Assess child
Interim order *
Child returned (on consent)
Child returned (court order)
Child remain (on consent)
Child remain (court order)
Total
*
46
2015 2014
41
26
19
91
8
7
8
1
134
7
59
10
4
2
1
83
there may be a number of interim orders made in individual cases
Courts Service Annual Report 2015
11. Child care - Supervision and care orders
The courts deal with applications for orders in respect of the care or supervision of minors, or on behalf of
minors concerning the arrangements made by the Child and Family Agency (CFA) for their care. The CFA
can apply to the courts for a number of different orders when dealing with children who are at risk or who
are in need of care. These orders give the courts a range of powers about the type of care necessary and
about access to the children for parents and other relatives. The vast majority of applications are made to
the District Court.
Emergency care orders
The CFA can apply for an emergency care order for a child who is still at home or for one who has been
removed by An Garda Síochána. In exceptional cases this type of order can be sought ‘ex parte’ without
notice to the parent (e.g. a child may be found in a very vulnerable position unaccompanied with no adult
carer). While exceptional applications may be made without notice being given to the parents or guardians
of the child, generally, when An Garda Síochána remove a child, the CFA notify the parent and the parent is
in court when the matter is heard. The order will be made if the judge considers that there is an immediate
and serious risk to the health or welfare of the child requiring him/her to be placed, or to remain in, the care
of the CFA.
Care orders and interim care orders
The CFA must apply for a care order or a supervision order if a child needs care and protection which
he/she is unlikely to receive without an order. The District Court judge may make an interim care order
while the decision on a full care order is pending. This means that the child is placed in the care of the CFA
for 29 days. It may be extended if the CFA and the parents agree or if the court finds that the threshold
criteria for the making of the order continue to exist. Parents/guardians must be given notice of an interim
care order application or the extension of the order unless exceptional circumstances exist making this
impossible.
Supervision orders:
A supervision order is an alternative to children being taken into the care of the CFA. It may be applied for
by the CFA instead of a Care Order. The CFA may consider that a care order is not necessary or appropriate
in the circumstances, but that the child should be visited regularly by a social worker under a court
supervision order.
The court can make a supervision order as an alternative, more proportionate remedy at the care order stage
– but not at the interim care order stage. During the application for a care order the court may decide that a
supervision order will address the risk of harm identified by the CFA. A supervision order may also be
made when the court has heard most of the evidence but needs more time to conclude the care proceedings.
There were 10,217 child care applications to the courts, an 11% increase on the 9,273 in 2014. It is
important to note that the number of applications does not necessarily reflect the number of children in
respect of whom orders are made, as several orders may be made in respect of an individual child.
Incoming
Resolved
By court Out of court
32
40
0
10,185
7,771
0
10,217
7,811
0
High Court
District Court
Total
District Court: Child care: analysis
Supervision orders
Care orders
Extension of care order
Interim care order
Extension of interim care order
Emergency care order
Review of care order
Re-entry of case
Other*
*
Total
High Court: Child care: analysis
2015 2014
Received
32
63
Orders made
531 400
Incoming Resolved (orders made)
720
679
1,189
942
481
529
1,292
1,145
3,061
3,025
338
323
1,360
381
303
147
1,441
600
10,185
7,771
includes applications under:
o s.23 Children Act 1997 (to allow admission of hearsay evidence)
o s.37 Child Care Act 1991 (access to children in care) and
o s.47 Child Care Act 1991 (applications for directions) which may include applications by parents or
interested
relatives where children are in voluntary care.
47
Courts Service Annual Report 2015
12. Family: Other
Incoming
High Court
Circuit Court
District Court
Total
Resolved
By court Out of court
72
2
638
0
1,013
991
1,723
993
150
1,030
1,074
2,254
(b) European order for payment applications
The European Order for Payment procedure is for cross-border uncontested claims for money due and
owing to the claimant (including interest and other costs). It can only be used where the creditor is in one
EU member state and the defendant is in another EU member state.
Court
High Court
Incoming
83
Resolved
79
Resolved: outcome
Declared enforceable
Terminated by claimant
Remitted for hearing
Other
10
40
5
24
(c) Corporate insolvency
1. Examinership
Examinership is a process in Irish law whereby the protection of the court is obtained to assist the survival
of a company. It allows a company to restructure with the approval of the court.
High Court
Incoming
Resolved
14
Out of court By court
Petition withdrawn
1
Appoint interim examiner
13
Appoint examiner
11
Extend time
18
Order reports
10
Wind up company
4
Miscellaneous
52
* Figures for appointment of interim examiner and examiner may not be mutually exclusive
as
appointment of interim examiner often precedes appointment of examiner.
Circuit Court
Incoming
6
Resolved
Out of court By court
0
8
2. Liquidation
The Companies Act 2014 introduced a new regime for court liquidations. Since the commencement of the
Act on 1st June 2015 the High Court may direct, following the making of an order to wind up a company
and the appointment of a liquidator, that the liquidation continue using the rules relating to a Creditors’
Voluntary Winding Up removing the Examiner of the High Court from any role in the winding up.
The examiner continues to have a role in respect of court liquidations where the winding up order was made
prior to 1st June 2015.
Incoming
High Court
Wind up company orders
48
109
Resolved
Out of court
By court
Settled/struck out Orders made
/withdrawn
35
51
Courts Service Annual Report 2015
3. Restrict directors
In certain circumstances an application can be made to the High Court to have a company director restricted
from acting as a director or secretary of a company or be concerned or take part in the formation or
promotion of a company. Restriction orders remain in force for a period of five years and confine a person
to being a director in certain types of companies that have been adequately capitalised by their shareholders.
Incoming
High Court
47
Resolved
Order made Order refused
48
12
4. Disqualify directors
In certain circumstances the High Court may disqualify a person from being appointed or acting as a
director or other officer, statutory auditor, receiver, liquidator or examiner or being in any way, whether
directly or indirectly, concerned or taking part in the promotion, formation or management of certain
corporate bodies. These circumstances include where the court is satisfied that the person is guilty of fraud
or is in breach of his/her duty under company law or that the conduct of the person makes him/her unfit to
be concerned in the management of a company.
Incoming
High Court
2
Resolved
Order made Order refused
2
0
(d) Personal insolvency
Personal insolvency (creditors’ applications)
Applications to have a person adjudicated bankrupt are filed in the Office of the Examiner of the High
Court. Following the making of an adjudication order ownership of the bankrupt’s property is transferred
the Official Assignee in Bankruptcy (who manages the Bankruptcy Division within the Insolvency Service
of Ireland). He/she is an independent statutory officer who administers the estate of the bankrupt person
and is answerable to the High Court.
Bankruptcy applications may be made by creditors or by debtors in person (self adjudications). See below
for details of pre-bankruptcy applications by creditors (bankruptcy summonses) and applications by
creditors to have debtors adjudicated bankrupt. For details of applications by debtors to be adjudicated
bankrupt (self adjudications) and information about debt settlement procedures introduced under the
Personal Insolvency Act 2012. (see page 52)
High Court
Bankruptcy summonses
Bankruptcy petitions (creditors)
Incoming
82
46
Resolved by court
Issued/adjudicated /
Discharged /
granted/ approved
annulled
82
not relevant to summonses
14
0
(e) Appeals to District Court
There are a number of statutory entitlements to appeal decisions of regulatory bodies to the District Court.
They include decisions regarding the award of taxi licences and gun licences.
Incoming
394
Resolved
By court Out of court
82
0
(f) Litigious enforcement
Following judgment the creditor in a case can apply to the District Court for an instalment order against the
debtor requiring him/her to pay the debt in instalments. The District Court can subsequently vary the
amount ordered to be paid (variation order). If the debtor fails to make the instalments as ordered by the
District Court, the creditor can apply for an order committing the debtor to prison (committal order).
Summonses for the attendance of debtors before the District Court for non-payment of debts decreased by
29% from 6,883 in 2014 to 4,893. There were 3,827 instalment orders made in 2015, a decrease of 25% on
the 5,110 made in 2014. Proceedings for committal resulted in the issue of 42 orders. There were 357
orders made varying previous orders.
49
Courts Service Annual Report 2015
Summons for attendance of debtor
District Court
Incoming
4,893
Outcome
Instalment orders issued
Variation orders issued
Committal orders issued
3,827
357
42
2. Civil and commercial non-litigious cases
Civil and commercial non-litigious cases
(a) Proceedings in Ireland
(b) Foreign proceedings
Total
Incoming Resolved
85,251
81,444
3,816
895
89,097
82,339
(a) Proceedings in Ireland
1. Judgment marked in the office
Where a defendant does not respond to a summary summons in the High Court, a civil bill in the Circuit
Court, or a claim notice in the District Court, or where the Master of the High Court gives liberty to enter
‘final’ judgment, the plaintiff can apply to have ‘judgment marked’ against the defendant in the court office.
In 2015, judgments were marked in the High Court in 1,153 cases, a 41% decrease on the 1,958 marked in
2014. There was a 41% decrease in judgments marked in the Circuit Court (to 3,031 from 5,146 in 2014)
and a 14% increase in the District Court (to 8,836 from 7,771 in 2014).
Incoming Resolved
2,337
1,153
3,031
3,031
8,836
8,836
14,204
13,020
High Court
Circuit Court
District Court
Total
2. Deed poll
Persons requiring documentary confirmation of a change of name, other than on marriage, may need to
execute a document called a ‘deed poll’. The deed poll can be lodged in the Central Office of the High
Court.
High Court
Incoming
704
Resolved
703
3. Probate
A legal document called a Grant of Representation is required for authority to administer the estate of a
deceased person. If there is a will, the executor needs to take out probate. If there is no will, or, if no
executor has been appointed or the appointed person cannot act, an administrator may be appointed and
he/she takes out a Letter of Administration (or a Letter of Administration with Will Annexed if there is a
will).
Principal Registry
Local registries
Total
Incoming Resolved Probate (&administrations with wills annexed): resolved
8,953
7,705
2015 2014
7,445
7,000 Principal Registry
6,259 7,044
16,398
14,705 Local registries
5,553 5,405
Total
11,812 12,449
Intestacies: no valid wills
Principal Registry
Local registries
Total
50
2015 2014
1,446 1,808
1,447 1,490
2,893 3,298
Courts Service Annual Report 2015
4. Wards of court
When a person becomes unable to manage his or her assets because of mental incapacity, an application can
be made to the courts for the person to become a ward of court. The court must decide as to whether the
person is capable of managing his or her own property for his or her own benefit and the benefit of his or
her dependants. If it is decided that the person cannot manage his or her own property because of mental
incapacity, a committee is appointed to control the assets on the ward's behalf.
A person under 18 years old may also be taken into wardship as a minor.
High Court
Incoming
402
Resolved
237
High Court: Wards of court
Wardship cases
Applications awaiting hearing*
Adults and minors taken into wardship (declaratory orders
Dismissed/discharged
 Dismissed 154
 Discharged 7
Orders signed
*
2015 2014
2,553 2,014
201
78
237
322
161
160
1,410
1,458
cases pending with inquiry order signed at 31st December
5. General Solicitor for Minors and Wards of Court
The General Solicitor for Minors and Wards of Court is a solicitor in the service of the State appointed by
the President of the High Court to act in certain wardship matters. He/she is accountable to the High Court
for all monies and assets under his/her control relating to the affairs of a minor or ward. The General
Solicitor can only act as solicitor in those matters assigned to them by the registrar of Wards of Court.
He/she cannot take on private clients like a solicitor in private practice.
Active (yearly average)
Pending
Dismissal
Sub cases
2015 2014
438
420
6
10
146
141
270
296
Active cases: Reason admitted to wardship
Acquired brain injury
Elderly mental infirm
Learning or intellectual disability
Minor
Psychiatric illness
Residential abuse
Total
2015
55
155
122
5
96
2
435
6. Enduring powers of attorney (registered)
An enduring power of attorney allows another specially appointed person (the attorney) to make ‘personal
care decisions’ on the donor's behalf once he/she is no longer fully mentally capable of taking decisions
him/herself. Personal care decisions may include deciding where and with whom the donor will live, who
he/she should see or not see and what training or rehabilitation he/she should get.
High Court
Incoming
715
Resolved
661
7. Care representatives
Where a person has reduced capacity to make certain decisions (that is, diminished mental capacity) and
wishes to apply for a nursing home loan, the Circuit Court can appoint a care representative to act on behalf
of the person in respect of the Nursing Homes Support Scheme and especially in respect of the nursing
home loan. The care representative can also act on behalf of the person in relation to making an application
for a care needs assessment, State support, or any other matter relating to the scheme.
Circuit Court
Incoming
534
Resolved
502
51
Courts Service Annual Report 2015
8. Mental Health Act applications
A person can appeal the making of an admission order or a renewal order by a mental health tribunal to the
Circuit Court under the Mental Health Act 2001.
Incoming Resolved
115
100
Circuit Court
9. Personal insolvency (self)
Bankruptcy applications may be made by creditors or by debtors in person (self adjudications). See below
for details of applications by debtors to be adjudicated bankrupt.
The Insolvency Service of Ireland administers the debt settlement procedures introduced under the Personal
Insolvency Act 2012. The Act introduced three debt resolution mechanisms for people who cannot afford
to pay their personal debts.
A Debt Relief Notice allows for the write-off of qualifying debt up to €20,000, subject to a three year
supervision period. A Debt Settlement Arrangement applies to the agreed settlement of unsecured debts,
usually over a period of five years. A Personal Insolvency Arrangement applies to the agreed settlement
and/or restructuring of secured debts up to a total of €3 million (as well as unsecured debts) over a period of
six years.
For details of pre-bankruptcy applications by creditors (bankruptcy summonses) and details of applications
by creditors to have debtors adjudicated bankrupt see page 49.
There were 458 self adjudication bankruptcy applications (self adjudications) in 2015 – little change from
the 445 in 2014. There were 1,735 applications in respect of debt settlement procedures, an 84% increase
on the 941 in 2014. They comprised 348 debt relief notices (a 32% increase on the 263 in 2014), 328 debt
settlement arrangements (a 105% increase on the 160 in 2014), and 1,059 personal insolvency arrangements
(a 104% increase on the 518 in 2014).
Incoming
High Court
Bankruptcy petitions (self)
458
Resolved
By court
Adjudicated / Discharged /
granted/
annulled
approved
457
0
Incoming
Circuit Court
Approve
request
Debt relief notices
Debt settlement arrangements
Personal insolvency arrangements
Total
348
328
1,059
1,735
346
205
616
1,167
Resolved
By court
Refused Struck Withdrawn
out
0
0
1
3
1
1
2
1
2
5
2
4
10. Licensing
The majority of applications for licences are made to the District Court. They include pub, restaurant,
dance, and lottery licences with applications for special exemption orders comprising over 80% of
applications in any year. Special exemption orders exempt the holder of an on-licence from the provisions
of the Intoxicating Liquor Act relating to prohibited hours in respect of licensed premises.
There was a slight increase in licensing with 49,288 applications dealt with - compared with 49,040 in 2014.
Circuit Court
District Court
Total
52
Incoming
2015
2014
250
241
49,038
48,799
49,288
49,040
Resolved
2015
2014
250
241
49,038 48,799
49,288 49,040
Courts Service Annual Report 2015
11. Marriage exemption
The Circuit Court can exempt persons wishing to marry from the requirement to give three months notice to
the Registrar of Marriages. It can also exempt persons from the age requirements for marriage.
Marriage exemption: short notice
Circuit Court
Incoming
695
Resolved
551
Marriage exemption: under age
Circuit Court
Incoming
33
Resolved
42
(b) Foreign proceedings
1. Service of documents
Requests:
High Court*
Circuit Court
*
Incoming Outgoing
103
0
3,544
816
Hague Convention (proceedings initiated in non-EU countries)
2. Maintenance (foreign)
High Court*
District Court
*
Incoming Resolved
76
7
93
72
Applications under Regulation (EC) 4/2009
3. Non- litigious enforcement
Following judgment, a creditor can choose a number of routes to obtain payment of money adjudged to be
owed by a debtor, or the return of property the subject of possession proceedings (enforce the judgment). In
general, once the creditor has a judgment order, the judgment can be enforced. Enforcement orders can be
issued by court offices – the creditor does not have to go back to court for the order. Creditors have 12
years from the date of the judgment to look for enforcement orders.
Execution orders
The courts issued 6,624 execution orders in 2015. In the High Court there were 1,607 execution orders for
the recovery of money, a 32% decrease on the 2,364 in 2014, and 83 for possession of property, a 40%
decrease on the 139 issued in 2014. In the Circuit Court there were 4,139 execution orders to recover
money, a 27% decrease on the 5,705 in 2014 and 795 for possession, a 63% increase on the 294 in 2014.
Registration of judgments
Judgments obtained in the District Court, Circuit Court and High Court can be registered in the High Court.
There were 4,471 judgments registered in 2015, an 8% increase on the 4,146 in 2014. Judgments registers
are open for public inspection in the Central Office of the High Court.
Judgment mortgage certificates
There were 1,896 judgment mortgage certificates signed in the High Court, an 18% decrease on the 2,314
certificates signed in 2014. There were 1,824 certificates signed in the Circuit Court, a 15% decrease on the
2,157 certificates signed in 2014, and 1,763 certificates signed in the District Court, a 340% increase on the
401 signed in 2014.
1. Execution orders issued – following judgments marked in the office in debt cases
High Court*
Circuit Court
Total
*
Incoming Resolved
1,153
1,607
3,031
2,884
4,184
4,491
includes execution orders issued on foot of court orders
2. Execution orders issued – on foot of court orders
Circuit Court
Incoming
1,246
Resolved
1,255
53
Courts Service Annual Report 2015
3. Execution orders issued – possession cases
High Court
Circuit Court
Total
Incoming Resolved
83
83
793
795
876
878
4. Judgments registered *
High Court; Circuit Court; District Court
*
in
Incoming
4,471
Resolved
4,471
Judgments of High Court, Circuit Court, and District Court are registered
the High Court Central Office
5. Judgment mortgage certificates issued
High Court
Circuit Court
District Court
Total
Incoming Resolved
1,896
1,896
1,824
1,824
1,763
1,763
5,483
5,453
High Court
Circuit Court
District Court
Total
Incoming Resolved
101
101
86
86
79
79
266
266
6. Satisfaction piece issued
4. Appeals (includes civil and family law)
Court
Circuit Court to High Court
District Court to Circuit Court
Total
Incoming Resolved
476
269
1,522
1,214
1,998
1,483
5. Cases stated
Case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of
law. There are two kinds: consultative case stated and appeal by way of case stated.
District Court to High Court
Revenue (District Court) to High Court
Circuit Court to Supreme Court
Circuit Court to Court of Appeal
High Court to Court of Appeal
Military judge to Court of Appeal
Total
54
2015
2014
Received Orders Received Orders
made
made
25
17
17
11
10
2
4
0
0
6
3
2
0
0
0
0
0
0
0
0
2
0
0
0
37
25
24
13
Courts Service Annual Report 2015
6. Miscellaneous
1. Written judgments
The High Court may decide following the hearing of a matter to ‘reserve’ its decision to another date. The
decision may subsequently be delivered in the form of a written judgment. Many High Court judgments are
available on the Courts Service website www.courts.ie.
High Court
Written judgments delivered
2015
867
High Court: Written judgments delivered
Reserved at 01-01
Delivered
Reserved at 31-12
2015
115
867
69
2014
105
668
115
2. Taxation of costs
When a person or a company, otherwise known as a party, incurs costs as a result of legal action they may
have those costs taxed. The taxation of costs is the independent and impartial assessment and measurement
of legal costs by an officer known as a Taxing Master.
High Court
Summonses issued
2015
1,299
3. Notices of motion
A Notice of Motion is a formal notice to participants in litigation of an intention on the part of another party
to seek particular relief from the court. There may be numerous notices of motion issued in the course of an
action and notices of motion may be adjourned a number of times before they are dealt with.
Court
High Court
Circuit Court
*
Issued / dealt with
13,353
45,911*
includes adjournments
4. Case Progression (family law)
Case progression is the term given to the management of a case before it comes to trial. Its purpose is to
ensure that proceedings are prepared in a manner which is fair, efficient and likely to keep the costs as low
as possible. It also ensures that time and other resources of the court are put to best use. Cases which have
gone through the case progression process are better prepared resulting in the cases being heard more
quickly and trials being shorter.
Court
Circuit Court
Number of hearings
3,195
COURT OF APPEAL
The Court of Appeal hears appeals in civil proceedings from the High Court except for those cases in which
the Supreme Court has permitted an appeal to it on being satisfied that the appeal meets the threshold set out
in Article 34.5.4° of the Constitution. The Court of Appeal also determines questions of law referred to it
by the Circuit Court and High Court military judge hearing a Courts-Martial (cases stated). The court also
continues to deal with appeals transferred from the Supreme Court which had been initiated before the
establishment of the court on 28th October 2014 and had not been fully or partly heard by the Supreme
Court by that date.
The court operates two directions lists which allows the court to case-manage every new appeal lodged –
one list for appeals which fall within the categories as set out in Order 86A Rule 7 of the Rules of the
Superior Courts (expedited appeals) and another list for all other appeals (ordinary appeals). Appeals
transferred from the Supreme Court (Article 64 appeals) are also case-managed by the court by way of
periodic call over of groups of such cases and pending inclusion on one of the call over lists any party to an
Article 64 appeal may avail of the provisions of a dedicated practice direction dealing with such appeals to
have an appeal included in one of the weekly directions lists for the allocation of a hearing date.
New appeals
Pending at 01/01
109
Incoming
637
Resolved
366
Pending at 31/12
380
55
Courts Service Annual Report 2015
New appeals: Case type
Pending
Article 40 / habeas corpus
Bail
Chancery
Commercial
Company
Contract
Criminal
Extradition
Family
Insolvency (corporate)
Insolvency (personal)
Judicial Review (asylum related)
Judicial review (other)
Personal injury
Plenary
Proceeds of Crime Act
Security for costs
Summary judgment
Other
Total
Nature of appeal
Expedited
Ordinary
Total
*
Resolved
In court
Out of court
Determined Withdrawn Withdrawn
6
3
0
4
5
0
30
38
2
9
14
0
3
2
1
2
0
0
9
6
0
8
2
0
11
5
0
1
0
0
5
0
0
9
1
0
21
15
0
21
12
0
16
28
0
12
9
0
3
0
0
4
1
0
23
25
0
197
166
3
18
10
115
68
8
23
21
17
22
6
3
16
61
79
43
3
1
79
44
637
Article 64 appeals
Pending at 01/01
Resolved
Pending at 31/12
277*
360*
637
1,293
387
906
issued in 2015
Article 64 appeals: Case type
Article 40 / habeas corpus
Bail
Chancery
Commercial
Company
Contract
Criminal
Extradition
Family
Insolvency (corporate)
Insolvency (personal)
Judicial Review (asylum related)
Judicial review (other)
Personal injury
Plenary
Proceeds of Crime Act
Security for costs
Summary judgment
Other
Total
56
3
2
18
4
2
3
4
3
2
0
0
5
6
12
5
2
4
17
17
109
Incoming
Pending
9
17
186
82
25
11
11
0
27
11
17
42
136
153
170
13
11
132
240
1,293
Incoming
-
Resolved
In court
Out of court
Determined Withdrawn Withdrawn
1
1
0
1
0
2
8
11
10
13
10
4
0
4
0
8
2
0
4
3
0
0
0
0
2
3
2
2
1
3
0
0
0
1
3
3
8
8
7
21
21
30
29
19
11
0
1
4
4
0
1
21
22
7
19
30
22
142
139
106
Courts Service Annual Report 2015
Matters
Motions listed before the court
Applications for directions in Article 64 appeals
Written judgments delivered
Length of appeal hearing:
 one day or less
 greater than one day but less than two days
 two days or more
305
112
304
632
5
7
Appeals from appellants in person
188 (29% of total)
SUPREME COURT
The Supreme Court is Ireland’s highest court of appeal. Under its new constitutional jurisdiction it hears
appeals on arguable points of law of general public importance or where it determines that the interests of
justice warrant an appeal to it. It thus concentrates on the cases of the greatest significance.
The Supreme Court made very significant additional inroads in its legacy backlog during 2015 and has
continued the proactive management of its total caseload under the direction of the Chief Justice.
The court's list is in transition. In parallel with the legacy appeal position applications for leave to appeal
under its new jurisdiction were filed in increasing numbers during each successive quarter of 2015.
The court disposed of 447 legacy appeals during 2015. In addition, 96 new applications for leave were
filed. It determined 28 applications under Article 64 of the Constitution (transitional provisions transferred appeals) and 43 applications for leave to appeal. The outstanding balance of new applications at
year end is the result of the increased numbers of applications received in the final quarter and the minimum
time required to consider and determine an application for leave.
The bulk of priority legacy appeals had been disposed of by the end of the year. It is anticipated that the
total legacy appeal caseload will have been disposed of by end 2016, subject to the level of new jurisdiction
applications which the court receives during 2016.
The court continues to sit in two panels to deal with new and legacy appeals and in addition the Chief
Justice assigns applications for leave under the new jurisdiction to panels to assure the speedy determination
of these applications. New applications and appeals continue to be subject to case management procedures
to assure their just and efficient disposal.
a) Applications for leave to appeal
Pending
at 01/01
Incoming*
2
96
Resolved
Refused
30
*Incoming
High Court to Supreme Court
Court of Appeal to Supreme Court
Court of Criminal Appeal
Total
Granted
13
Outstanding
at 31/12
55
22
72
2
96
57
Courts Service Annual Report 2015
Appeals:
Incoming
Case type
b) from High Court
(legacy appeals)
Article 40 / habeas corpus Not
applicable
Resolved
In
Out of
court
court
Determined Referred Withdrawn
to ECJ
in office
4
0
0
Bail
Chancery
Commercial
Company
Constitution
Contract
Criminal
ECHR
European law
Extradition
Family
Insolvency (corporate)
Insolvency (personal)
Judicial review (asylum
related)
Judicial review (criminal)
Judicial review (other)
Personal injury
Plenary
Proceeds of Crime Act
Security for costs
Summary judgment
Other
Sub total
from Court of Appeal Extradition
Sub total
Total
Total resolved
c) Article 64 applications
d) Cases stated (legacy cases)
3) Other
58
Pending at 01/01
17
11
45
32
1
7
18
8
1
3
9
17
9
3
35
0
0
0
0
0
0
0
0
1
0
1
0
0
0
4
11
2
0
0
2
0
0
0
0
2
5
0
1
16
63
2
34
4
3
5
48
378
1
1
379
0
0
0
0
0
0
0
2
4
0
0
4
5
11
1
5
5
0
0
10
64
0
0
64
447
Incoming
13
Resolved
28
Matters
Circuit and High Court to Supreme Court
Outstanding at 31/12
2
Incoming
Not applicable
Matters
Motions listed before the court
Reserved judgments delivered
Applications for leave to appeal from appellants in person
Length of appeal hearing:
 One day or less
 Two days or more
Commissioners appointed
Notaries Public appointed
Resolved
6
2015 2014
77
373
155
106
48
141
141
25
24
16
142
27
23
26
Courts Service Annual Report 2015
ANALYSIS OF CIVIL CASES
1. Cases appealed (from first instance courts)
High Court to
Supreme Court
0.10%
High Court to Court
of Appeal
2.6%
Circuit Court to
High Court
2.5%
District Court to
Circuit Court
2.6%
2. Applications for leave to appeal/appeals (from second instance courts)
Court of Appeal to Supreme Court
12%
3. Average length of proceedings (in days) (from issue to disposal) (first instance courts)
All (excluding employment dismissal and divorce)
Employment (dismissal)
Divorce
*
High Court
680
none
1,282
Circuit Court
568
132
791
District Court
294*
not applicable
not applicable
excludes licensing
4. Average length of proceedings (in days) (from issue to disposal) (second instance courts)
Court of Appeal
All (new appeals and Article 64 appeals)
631
5. Average length of proceedings (in days) (from issue to disposal) (highest instance courts)
Supreme Court
Legacy:
 all (issue to disposal)
 certified (from certification date to disposal)
 priority (from priority date to disposal)
Application for leave to appeal determined (issue to determination date)
Application for leave to appeal determined (from papers being ready to determination)
1,700
1,320
633
103
28
6. Waiting times
Supreme Court
Nature of application
Applications for leave to
appeal
New jurisdiction appeals
Legacy (not including
priority) appeals
Waiting time
The time from the filing of complete documentation to the
determination of the application
The time from the determination of the leave application to the
hearing of the appeal
The time from the filing of complete documentation to the
hearing of the appeal
10 weeks
24 weeks
41 months
Court of Appeal
Civil
Waiting time
The time from when an appeal is entered into the court list to the date of hearing
Appeals
10 months
59
Courts Service Annual Report 2015
High Court
Personal injury
Waiting time: Dublin
The High Court tries personal injury cases in Dublin every week during court sittings. Cases that are
ready for hearing can obtain a date within four weeks
Waiting time: Other venues
The High Court tries personal injury cases for a limited number of weeks in each of the venues below.
The time from when a case is set down for trial to the date on which it is listed in the selected venue is
shown below in months.
Cork:
Dundalk
Galway
Kilkenny/Waterford
Limerick
Sligo
23 months
7 months
3 months
9 months
7 months
6 months
Insolvency (corporate)
Waiting time:
The time from the issue of a petition to the allocation of the first return date before the High Court
Applications to appoint examiner
Date immediately available
Applications to wind up company
3 weeks
Other corporate applications
Waiting time:
The time from the issue of a notice of motion to the first return date before the High Court
Restrict directors
4 weeks
Insolvency (personal)
Waiting time
The time from the issue of a summons/petition to the first return date before the High Court
Application to issue summons
Date immediately available
Application for adjudication
Date immediately available
Commercial list (proceedings defined in Order 63A rule 1 Rules of the Superior Courts)
Nature of application
Liberty to enter list (motion)
Full hearing
Waiting time
The time from the issue of a summons to
the first return date before the High Court
The time from the first return date to the
date of the full hearing
Date immediately available
1 week to 4 months
depending on time required
for hearing
Competition list
Nature of application Waiting time
Monday motion list
The time from the issue of a notice of motion to the first return date
before the High Court
3 weeks
Chancery matters commenced by plenary summons or special summons (including injunction applications,
company law matters, specific performance/rescission of contracts, administration of estates of deceased
persons, trust actions)
Nature of application
Monday motion list
Waiting time
The time from the issue of a notice of motion to the first return
date before the High Court
Hearing of certified cases The time from when a case is certified ready for hearing to the
allocation of the first date for hearing before the High Court
Special summonses
The time from the issue of a summons to the first return date
(Master’s court)
before the Master of the High Court
Special summonses
The time from the date of transfer from the Master’s court to the
(High Court)
first return date before the High Court
60
3 weeks
3 months
3 weeks
3 weeks
Courts Service Annual Report 2015
Possession
Nature of application
Waiting time
Special summons for possession The time from the issue of a summons to the first return
date before the Master of the High Court
Full hearing
The time from the date of transfer from the Master’s Court
to the first return date before the High Court
3 weeks
3 weeks
Mortgage suits
Nature of application
Special summons for
well charging order
Full hearing
Waiting time
The time from the issue of a summons to the first return date before
the Master of the High Court
The time from the date of transfer from the Master’s court to the
first return date before the High Court
3 weeks
3 weeks
European order for payment
Waiting time
The time from receipt of application to making of order Within 30 days (as required by Regulation
1896/2006)
Non jury (breach of contract, professional negligence, debt collection)
Nature of application
Miscellaneous (motions that require
more time than they can be given in
the Monday list)
Full hearing – cases less than one
week in duration
Full hearing – cases more than one
week in duration
Waiting time
The time between listing in the
common law list and hearing in
the non jury list
The time from when a case is
certified ready for hearing to the
allocation of the first date for
hearing before the High Court
As above
16 weeks
5 months
9 months (3 months for parties
willing to travel to Cork)
Appeals from the Circuit Court
Nature of application
Full hearing – cases less than
one week in duration
Waiting time
The time from the lodgement of the books of
appeal to the allocation of the first date for
hearing before the High Court
Full hearing – cases more than As above
one week in duration
5 months
9 months (3 months
for hearing in Cork)
Judicial review: asylum related
Nature of application
Pre-leave
Post leave
Waiting time
6 months
4 months
Judicial review: other
Nature of application
Pre-leave
Post leave
Waiting time
Application made ex parte on any Monday
4 months
Jury (defamation; false imprisonment; assault)
Waiting time
The time from when a case is certified ready for hearing to the allocation of the first date for 4 months
hearing before the High Court
61
Courts Service Annual Report 2015
Garda Compensation Act
Nature of application Waiting time
Special summons
The time from the issue of a summons to the first return date before 4 weeks
the Master of the High Court
Full hearing
The time from the date of transfer from the Master’s court to the
4 weeks
first return date before the High Court
Proceeds of Crime Act
Waiting time
The time from receipt of application to hearing
Date immediately available
Master’s court
Nature of application Waiting time
Motions
The time from the issue of a notice of motion to the first return date
before the Master
3 weeks
Common law motions
Waiting time
The time from the issue of a notice of motion to the first return date before the High Court
3 weeks
Family
Nature of application
Urgent applications
Non-contested cases
Contested cases
Applications under Hague Luxembourg Convention
Appeals from Circuit Court
Waiting time
Within 3 weeks
Within 3 months
Within 3 months
Case must be dealt with within 6 weeks
Within 3 months
For Circuit Court and District Court waiting times in civil cases see from page 64.
Criminal
The courts received over 430,000 criminal matters and dealt with over 320,000 in 2015. There were six
appeals disposed of in the Court of Criminal Appeal; 373 appeals (comprising 1,186 offences disposed of in
the Court of Appeal); 839 offences dealt with in the Central Criminal Court; 29 offences dealt with in the
Special Criminal Court; 10,555 offences and 12,886 offences on appeal from the District Court dealt with in
the Circuit Court; and 298,797 orders made in respect of offences in the District Court. 15,607 offences
were sent forward for trial to higher courts from the District Court.
By offence
Serious criminal offences: Central Criminal Court; Special Criminal Court;
Circuit Criminal Court
Misdemeanour and/or minor criminal offences: District Court
Appeals: Court of Criminal Appeal; Court of Appeal; Circuit Court
Total
Incoming Resolved
15,743
11,423
405,007
15,721
436,471
298,797
14,078
324,298
District Court
The District Court received 405,007 new offences in 2015. Not all offences were proceeded with by the
prosecutor. Of the offences that did proceed, the court made 298,797 orders and sent a further 15,607
forward for trial to higher courts (the Circuit Court and the Central Criminal Court). There were 44,614
indictable offences dealt with summarily, a slight decrease on the 45,033 in 2014.
Orders made in respect of offences under the road traffic legislation continued to be the highest category
accounting for 61% of orders made in respect of summary and indictable offences. There were 3,923 orders
made in respect of dangerous driving offences, little change on the 3,873 orders made in 2014 and the 3,886
orders made in 2013.
There were 7,218 orders made in respect of drink driving offences, a 15% decrease on the 8,477 orders
made in 2014, and a 36% decrease on the 11,329 orders in 2013.
62
Courts Service Annual Report 2015
Orders made in respect of drugs offences increased by 4% to 12,310 from 11,877 in 2014. There were
30,451 orders made in respect of public order and assault offences little change from the 30,194 in 2014.
Categories
Incoming
Resolved: offences
Offences Defendants* a) Summary b) Indictable dealt Sent forward
with summarily
for trial
Road traffic
243,037
152,701
179,705
2,506
234
Drugs
18,038
11,023
508
11,802
1,432
Sexual
1,862
367
61
109
1,515
Larceny/fraud/robbery
33,712
13,278
3
21,470
6,304
Public order/assault
36,789
20,187
28,709
1,742
1,540
Other
71,569
49,965
45,197
6,985
4,582
Total
405,007
247,521
254,183
44,614
15,607
#
There may be more than one offence brought against a defendant
Summary offences: outcomes
Dis S/O TIC Fine Bond Dis C/S Prob Imp Susp Other Total
Road traffic
5,531 84,264 21,819 44,002
52 8,206 454 1,281 1,018 912 12,166 179,705
Drugs
30
129
93
67
10
1 16
59
32 19
52
508
Sexual
1
14
5
6
5
11
9
10
61
Larceny/fraud/robbery
2
1
3
Public order/assault 1,120 7,463 5,670 5,304 539
2 511 3,470 1,086 850 2,694 28,709
Other
884 17,752 4,423 16,136 117
18 164 1,956 563 461 2,723 45,197
Total
7,568 109,623 32,010 65,515 718 8,227 1,145 6,771 2,710 2,251 17,645 254,183
Key: Dis = Dismiss. S/O = strike out. TIC = taken into consideration. Disq. = disqualified.
Prob. = probation. Imp = imprisonment or detention. Susp. = suspended sentence
Indictable offences dealt with summarily: outcomes
Dis S/O TIC Fine Bond Disq C/S
Road traffic
69
635 375 206
6 431
62
Drugs
324 3,076 1,382 2,234
53
7 288
Sexual
19
32
1
10
2
0
1
Larceny/fraud/robbery 606 4,876 3,829 2,075 269 22 579
Public order/assault
126
542
60 143
66
4
67
Other
242 2,108 1,042 635 102
9 144
Total
1,386 11,269 6,689 5,303 498 473 1,141
Prob Imp Susp Other
70 281 216 155
1,731 323 485 1,899
9
5
16
14
2,909 2,752 1,791 1,762
217 138 169 210
845 692 336 830
5,781 4,191 3,013 4,870
Key: Dis = Dismiss. S/O = strike out. TIC = taken into consideration. Disq. = disqualified.
Prob. = probation. Imp/Det = imprisonment or detention. Susp. = suspended sentence
Specific road traffic offences
Dis
S/O TIC
Dangerous driving
151 1,086 450
Drink driving
510 1,259
56
Offences attracting 3,215 26,120 2,647
penalty points
Total
3,876 28,465 3,153
Fine Bond Disq C/S Prob
444
5 685 21
21
2,337
6 2,536 30
21
23,737
22 4,621 287 360
26,518
33 7,842 338
C/S. = community service.
C/S. = community service.
Imp Susp Other Total
179
77 804 3,923
101 123 239 7,218
555 602 4,305 66,471
402 835
Key: Dis = Dismiss. S/O = strike out. TIC = taken into consideration. Disq. = disqualified.
Prob. = probation. Imp = imprisonment or detention. Susp. = suspended sentence
Total
2,506
11,802
109
21,470
1,742
6,985
44,614
802 5,348 77,612
C/S. = community service.
63
Courts Service Annual Report 2015
Juvenile crime
Orders made in respect of offences before the Children Court increased by 4% to 5,072 from 4,877 in 2014
with 49% of all offences struck out or taken into consideration with other offences.
Juvenile crime
Dis S/O TIC Fine Bond Disq C/S Prob Imp Susp Other Total
Road traffic
70
320
407 109
17 88
3
135
34
17
79 1,279
Drugs
9
55
40
19
3
2
48
3
3
13 195
Sexual
1
2
3
Larceny/fraud/robbery 72
276
319
47
13
1 19
302 123
56
141 1,369
Public order/assault
78
311
348 149
25
1
7
274
65
25
99 1,382
Other
43
129
265
22
14
1
167
76
34
93 844
Total
273 1,093 1,379 346
72 90 32
926 301 135
425 5,072
Key: Dis = Dismiss. S/O = strike out. TIC = taken into consideration. Disq. = disqualified.
Prob. = probation. Imp/Det = imprisonment or detention. Susp. = suspended sentence
C/S. = community service.
Circuit Court
Theft and robbery remained the largest category of offence with 6,299 offences. There were 1,432 drug
offences and 1,212 assault offences.
(a) Offences
Road traffic
Drugs
Sexual
Firearms
Larceny/fraud/robbery
Assault
Child abuse
Manslaughter
Other
Total
Incoming
Offences Defendants Guilty
234
1,432
632
625
6,299
1,212
0
2
3,683
14,119
204
434
131
459
1,139
855
0
2
948
4,172*
567
1,307
348
461
3,886
1,136
9
2
1,662
9,378
Resolved: offences
Trials
NP TIC Quash Dec
Convicted Acquitted
19
15 158 236
0
0
47
26 926
81
0
0
212
129 180
23
0 68
21
32 208
89
0
1
99
81
0 818
3
7
87
99 212
51
0
1
0
13
24
0
0
0
0
1
0
0
0
0
177
110 519 276
0
3
662
506 2,227 1,574
3 80
Key: Guilty = guilty pleas. NP = Nolle prosequi. TIC = taken into consideration non conviction.
Quash = quash return for trial. Dec = accused deceased.
* There may be more than one offence brought against a defendant
Offences: outcomes (following convictions)
TIC Fine Bond Disq C/S
Road traffic
95 16
90 138
5
Drugs
91 15 279
2 25
Sexual
77
0 146
0
0
Firearms
57
4 123
1
4
Larceny/fraud/robbery
475 12 1,147
5 96
Assault
47
1 411
3 31
Child abuse
0
0
2
0
0
Manslaughter
0
0
1
0
0
Other
177 42 503
11 74
Total
1,019 90 2,702 160 235
Prob
5
17
16
21
144
41
0
0
74
318
Key: TIC = taken into consideration. Disq. = disqualified. C/S. = community service.
Imp = imprisonment. Susp. = suspended sentence
64
Imp
150
197
267
108
1,081
309
5
1
502
2,620
Susp Other Total
58
68
625
289
491 1,406
40
82
628
88
101
507
794
414 4,168
304
115 1,262
1
1
9
0
0
2
337
228 1,948
1,911 1,500 10,555
Prob. = probation.
Courts Service Annual Report 2015
Appeals (from District Court)
Categories
Incoming
Off
Def
Road traffic
9,551
5,316
Drugs
451
239
Sexual
19
6
Larceny/fraud/robbery
1,687
623
Public order/assault
1,262
710
Other
1,889
1,142
Total
14,859
8,036
Resolved: offences
Var
Rev
S/O
2,808
3,278
681
209
59
57
5
0
1
528
88
296
474
142
148
0
0
0
4,024
3,567
1,183
Aff
1,720
112
1
390
274
328
2,825
S/O N/A
802
55
0
276
154
0
1,287
Key: Off = offences. Def = defendants. Aff = affirmed. Rev = reversed. S/O = struck out. S/O N/A = struck out no appearance
Special Criminal Court
Categories
Incoming
Offences Defendants
Membership of
illegal organisation
Possession of firearms/
ammunition/ explosive substance
Murder
Theft
Threaten to kill
Other
Total
*
Guilty
pleas
Resolved: offences
Trials
Nolle
prosequi
Convicted Acquitted
0
0
15
3
24
24
18
7
2
4
0
2
0
0
0
3
45
0
0
0
2
24*
1
0
0
0
3
0
0
0
0
4
1
0
0
0
16
1
0
0
0
6
There may be more than one offence brought against a defendant
Offences: outcomes
Imprisonment
Membership of
illegal organisation
Possession of firearms/
ammunition/explosive substance
Murder
Other
Total
Nolle
prosequi
Acquittal
Taken into
Total
consideration
non conviction
15
0
18
0
3
4
2
0
2
8
1
0
5
1
0
6
1
0
16
0
0
2
3
0
29
High Court
Central Criminal Court
Offences
Incoming
1,579
Resolved
839
Defendants
111
Trials
73
The Central Criminal Court dealt with 839 offences (1,408 in 2014) involving 111 defendants and held 73
trials, an increase on the 63 trials held in 2014. There were 32 murder offences involving 32 defendants
resolved with pleas of guilty entered in respect of 3 offences – 23 offences went to trial. At trial, there were
findings of not guilty by reason of insanity in respect of three offences, acquittals in respect of three
offences, and convictions in respect of 16 offences. Overall, there were 19 convictions in respect of murder
and seven convictions for manslaughter.
There were 389 rape offences involving 59 defendants and 361 indecent/sexual assault offences resolved by
the court. Guilty pleas were entered in respect of 98 of these offences with 323 going to trial. There were
convictions in respect of 156 rape offences and 153 indecent/sexual assault offences, and acquittals in
respect of 75 rape offences and 20 indecent/sexual assault offences
65
Courts Service Annual Report 2015
Offences
Murder**
Manslaughter
Rape
Indecent/
sexual assault
Assault
Other ***
Total
Incoming
Offences Defendants
Guilty
pleas
Trials
32
0
676
803
32
0
102
53
3
3
58
40
23
4
179
144
28
40
1,579
16
18
221#
3
7
114
11
17
378
Resolved: offences
Nolle
TIC * Quash Accused
prosequi
deceased
2
0
2
1
0
0
0
0
68
62
0
22
62
47
2
66
2
8
142
1
1
111
1
0
5
0
0
89
*
TIC – ‘taken into consideration’ - offences may be taken into consideration where an offender is sentenced on other multiple
offences.
** includes attempted murder
*** ‘other’ offences include impeding a prosecution, accessory to manslaughter, false imprisonment, criminal damage, possession
of a knife, burglary
#
There may be more than one offence brought against a defendant
Offences: resolved: outcome of trials
Convicted
Acquitted
Murder
Manslaughter
Rape
Indecent/
sexual assault
Assault
Other
Total
Disagreed
16
4
98
113
3
0
75
20
1
0
1
0
3
5
239
8
12
118
0
0
2
Offences: resolved: penalties imposed on conviction
Fine Probation Det p/s
*
Murder
0
0
0
Manslaughter
0
0
0
Rape
0
0
0
Indecent/sexual assault
0
0
0
Assault
2
0
0
Other
0
0
0
Total
2
0
0
Committal:
Taken into
not guilty by consideration/
reason of
permanent
insanity
stay
3
0
0
1
0
5
0
11
0
0
3
Sent f/s
**
0
0
17
Imp p/s
***
0
0
1
0
0
0
1
Total
0
3
46
14
0
3
66
23
5
179
144
11
17
379
Imp
Total
****
19 (Life))
19
4
7
109
156
139
153
4
6
9
12
284
353
*
detention part suspended
**
sentence fully suspended
***
imprisonment part suspended
**** im prisonment
Court of Appeal / Court of Criminal Appeal
The Court of Appeal deals with appeals from the Circuit Court, Central Criminal Court and Special
Criminal Court.
A small number of appeals remained to be dealt with by the Court of Criminal Appeal following the
establishment of the Court of Appeal on 28th October 2014. The Court of Criminal Appeal will continue in
existence until those appeals are disposed of.
There were 302 appeals in respect of 862 offences lodged in the Court of Appeal in 2015. The court
disposed of 373 appeals in respect of 1,186 offences. The Court of Criminal Appeal continued to deal with
seven appeals and resolved six during the year.
66
Courts Service Annual Report 2015
Court of Criminal Appeal
Pending as of 01/01 Resolved Outstanding as of 31/12
7
6
1
Appeals
Court of Appeal
Pending as of 01/01 Incoming Resolved
599
302
373
Appeals
Court of origin
Central Criminal Court
Circuit Criminal Court
Special Criminal Court
Categories
Drugs
Larceny/
fraud/robbery
Assault
Murder
Rape/
sexual assault
Other
Total
*
Appeals Percentage of appeals
37
12%
264
87%
1
1%
Incoming (by offence)
Conviction Sentence Conviction Sentence
DPP
(severity) & sentence (leniency) (dismissal)
7
33
3
23
0
9
179
11
11
0
MC*
Total
0
0
66
210
6
15
36
34
0
50
7
0
203
10
0
6
0
0
0
0
0
0
57
15
295
24
97
139
435
30
254
26
76
0
0
0
0
219
862
Miscarriage of justice
Categories
Conviction
Drugs
Larceny/
fraud/robbery
Assault
Murder
Rape/
sexual assault
Other
Total
*
Outstanding as of 31/12
528
11
6
Resolved (by offence)
Sentence Conviction Sentence
DPP
(severity) & sentence (leniency) (dismissal)
56
5
16
0
81
24
19
0
MC*
Total
0
0
88
130
11
35
149
35
0
126
8
0
212
22
0
65
0
0
0
0
1
2
76
36
554
23
235
104
402
126
375
49
171
0
0
0
3
302
1,186
Miscarriage of justice
Appeals: outcomes
Categories
Conviction
Drugs
Larceny/
fraud/
robbery
Assault
Murder
Rape/
sexual
assault
Other
Total
Sentence
Conviction
(severity)
& sentence
A B C D E A B C D A B C D E
3 0 0 4 4 2 26 22 6 0 2 1 0 0
0 0 0 0 6 0 22 26 33 0 13 1 0 8
0 0 0
21 9 0
0 24 5
2 9 0 14 14 7 0 2 0
2 3 0 0 0 0 0 0 0
2 118
115 2 9 26 160 0
Sentence
DPP
Mis(leniency) (dismissal) carriage
F A B C A
B A B
2 3 11 2 0
0
0 0
2 0 19 0 0
0
0 0
1 3 2 4 16 2
0 0 0 0 0 0
3 15 34 2 63 0
0
0
0
0
0
0
0
1
2
0
0
0
5 2 6 6 4
51 38 15 6 33 12 20 42 13 26 22 1
29 35 11 16 144 2 228 102 70 32 210 14 24 68 53 35 131 5
0
0
0
0
0
3
0
0
67
Courts Service Annual Report 2015
Key:
D
E
Conviction
Refused
A
Conviction quashed –
retrial
B
Conviction quashed Struck out /
– no retrial
withdrawn
C
Dismiss
-
Sentence (severity)
Refused
Original sentence quashed
– sentence in lieu
Struck out /
withdrawn
-
-
Conviction
& sentence
Refused
Conviction affirmed –
sentence varied
Conviction quashed Conviction quashed
– retrial
– sentence in lieu
Struck out /
withdrawn
Dismiss
Sentence (leniency)
Refused
Original sentence quashed
– sentence in lieu
Struck out /
withdrawn
Dismiss
-
-
DPP dismissal
Refused
Original order quashed
Dismiss
-
-
-
Miscarriage
Refused
Original order quashed
Dismiss
-
-
-
Dismiss
F
ANALYSIS OF CRIMINAL CASES
1. Appeals (from first instance courts) (by offence)
Special Criminal Court, Central Criminal Court and Circuit Court to Court of Appeal
District Court to Circuit Court
2. Average length of proceedings (in days) (by offence)
Summary Indictable dealt with summarily
District Court
232
284
%
8%
5%
Return for trial
89
Summary: Time from issue of summons to disposal of offence in District Court.
Indictable dealt with summarily: Time from lodgment of charge sheet to disposal of offence in District Court.
Return for trial: Time from lodgment of charge sheet to transfer of offence to higher court for trial.
Average length of proceedings (in days) (by offence)
Circuit Court (all) *
678
Central Criminal Court (all) **
645
Special Criminal Court (all) ***
585
Court of Appeal (all) ****
1,027
*
**
***
****
68
Time from receipt of return for trial in Circuit Court to final order
Time from receipt of return for trial to final order
Time from receipt of charge sheet to final order
Time from issue of notice of appeal to final order
Courts Service Annual Report 2015
AVERAGE WAITING TIMES
Court of Appeal: Waiting time
The time from when an appeal is entered into the court list to the date of hearing
Appeals
2 months
High Court: Waiting time
Murder and rape trials
The time from the first listing of a case before 13 - 14 months
(Central Criminal Court)
the Central Criminal Court on return for trial
from the District Court, to the trial date
Bail applications
The date from the issue of a notice of motion Date immediately available
to the date the matter is first listed before the
High Court
Special Criminal Court: Waiting time
The time from when a charge sheet is received to the trial date
18 months
Circuit Court - criminal
Nature of matter Waiting time
Trials
The time from receipt of return for trial to trial date
Sentences
The time from receipt of return for trial to sentence hearing (where plea of guilty
entered)
Appeals
The time from receipt of District Court appeal to hearing of appeal
Circuit Court - civil
Nature of matter Waiting time
Trials
The time from receipt of notice of trial to hearing date
Appeals
The time from receipt of District Court appeal to hearing date
Circuit Court - family
Nature of matter Waiting time
Cases
The time from receipt of notice of trial/notice of motion to hearing date
Appeals
The time from receipt of District Court appeal to hearing date
69
Courts Service Annual Report 2015
Circuit Court –- Waiting times shown in months (unless otherwise stated)
Criminal
Civil
Family
Trials
Sentences Appeals Trials Appeals Contested
NonAppeals
cases
contested
cases
Carlow
N.S.
9
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
Carrick on
6
6
3
3-6
3-6
6
N.S.
N.S.
Shannon
Castlebar
3-6
N.S.
9
6
N.S.
N.S.
N.S.
N.S.
Cavan
9
N.S.
6
12
9
6
N.S.
N.S.
Clonmel
3-6
N.S.
3-6
N.S.
N.S.
N.S.
N.S.
N.S.
Cork
N.S.
N.S.
6-9
6-9
3-6
3-6
N.S.
N.S.
Dublin
9
2
1
3
2
1.25-3** 2 weeks
1.5
Dundalk
12-18
N.S.
N.S.
12-18
N.S.
6-12
6-12
6-12
Ennis
6
3
3
6
3
6
N.S.
6
Galway
7-9
3
2
3-6
3-6
3
2
2
Kilkenny
10
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
Letterkenny
6-9
3-6
N.S.
12-18
12
6-9
N.S.
6-9
Limerick
3-6
N.S.
N.S.
6-9
N.S.
N.S.
N.S.
N.S.
Longford
6
3-6
N.S.
9-12
N.S.
3-6
N.S.
N.S.
Monaghan
18-24
6-12
3-6
6-9
3-6
N.S.
N.S.
N.S.
Mullingar
6-12
N.S.
N.S.
9-12
3-9
3-9
N.S.
3-6
Naas
12
N.S.
N.S.
6-9
N.S.
N.S.
N.S.
N.S.
Portlaoise
3-6
3
3-6
6-9
3-6
3-6
N.S.
3-6
Roscommon
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
Sligo
6
3
3
3-6
3
3
3
3
Tralee
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
Trim
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
Tullamore
12-18
6-9
N.S.
9-12
N.S.
9-12
N.S.
N.S.
Waterford
3-6
3-6
3
3-6
N.S.
N.S.
N.S.
N.S.
Wexford
12
N.S.
6-12
6-12
N.S.
6-12
N.S.
3-6
Wicklow
12
N.S.
24
6-9
N.S.
6
6
6
** 3 months for a guaranteed priority hearing; 2 weeks for a possible hearing (if priority case settles or does not proceed)
NS = Next sitting of the court
Details of the sittings of the Circuit Court are available on the website of the Service (www.courts.ie).
District Court - criminal : Waiting time
Summons:
The time from receipt of summons application to scheduled date for hearing. There is
an agreement with An Garda Síochána as part of CJIIP that a period of 12-14 weeks
will be allowed between the issuing of a summons and the first court date to allow time
for service of the summons. The waiting times for criminal summonses generally
reflect this agreement
Charge
The time from receipt of a charge sheet to the first court date. Charge sheet cases are
sheets:
initially listed before the court usually within a day of the person being charged by An
Garda Síochána. The first listing may not be the date of the hearing of the matter as the
court may adjourn/postpone the hearing for a variety of reasons.
District Court - civil : Waiting time
Applications: The time from receipt of application to date when application is listed for hearing
District Court - family : Waiting time
Applications: The time from receipt of application to date when application is listed for hearing
70
Courts Service Annual Report 2015
Office
Athlone
Ballina
Bray
Carlow
Carrick on
Shannon
Castlebar
Cavan
Clonakilty
Clonmel
Cork
Donegal
Dublin
Dundalk
Ennis
Galway
Kilkenny
Letterkenny
Limerick
Longford
Loughrea
Mallow
Monaghan
Mullingar
Naas
Nenagh
Portlaoise
Roscommon
Sligo
Tralee
Trim
Tullamore
Waterford
Wexford
Youghal
District Court
Waiting times shown in weeks (unless otherwise stated)
Criminal
Civil
Family
Summonses Charge Applications
Domestic violence
Maintenance /
sheets
applications**
guardianship
applications
12-14
15-20
16
12
12-15
N.S.
N.S.
N.S.
N.S.
N.S.
4-8
6-8
8
8-12
4-8
2
N.S.
1-3
12
N.S.
4
N.S.
3-6
12
N.S.
12
16
16
14
14
12
s. 49: 16;
other 24
14-18
12-15
16
20-26
20-24
16-20
12
12
12-15
16
12-16
12-16
16
14-18
12-15
12-15
8-12
10-14
14-15
14
16
12-14
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
12
8
2-4
4-6
6-8
4-6
17
N.S.
N.S.
2-4
2-5
8
N.S.
12
6
10-12
2-4
4-12
16
4
12
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
N.S.
8-10
8-12
16
4
16-20
8
4
4
8
8-10
4-8
8-10
6-8
12-16
4
8-24
8
6-12
4
4
6-10
8
4-8
5
1
2-4
5
9
1
N.S.
N.S.
N.S.
N.S.
2-4
N.S.
N.S.
N.S.
N.S.
4
8-12
N.S.
8
N.S.
N.S.
4-8
10
4-8
4-8
20
10
4
4
N.S.
N.S.
4
10-12
4
8-12
N.S.
N.S.
4
8-12
8
8
6-8
N.S.
* drink driving prosecutions
** urgent interim applications are dealt with immediately (that is on next sitting day in every district)
N.S = next sitting
Details of the sittings of the District Court are available on the website of the Service (www.courts.ie)
71
Courts Service Annual Report 2015
72
Courts Service Annual Report 2015
C HAPTER 4 – C ORPORATE G OVERNANCE
‘Good governance is integral to the culture and to the strategic and operational policies and practices of an
organisation. All employees have an important role to play in committing to the good governance of their
organisation through the application of this Standard in the performance of their duties’. Corporate Governance
Standard for the Civil Service
CORPORATE GOVERNANCE ARRANGEMENTS
General
The Courts Service Act 1998 (as amended) is the legislative basis for the establishment of the Service.
The Service operates in accordance with best practice corporate governance principles in line with the
Courts Service Act 1998 and, where applicable, the guidelines as set out in the Code of Practice for the
Governance of State Bodies (CPGSB). The CPGSB, published by the Department of Finance, provides a
framework for the application of best practice in corporate governance by both commercial and noncommercial bodies.
A framework document approved by the Board defines the governance framework for the Service and sets
out the functions of the Board, the Chief Executive, and the Committees of the Board. It also outlines the
appropriate levels of authority and delegation arrangements. It defines the communication strategy between
the Chief Executive and the Chief Justice and presidents of the courts, between the Service and the Minister
for Justice and Equality, and between the Service, the public and the media. Board Standing Orders, the
terms of reference and accountability arrangements of committees of the Board and general policy
statements in relation to the operation of the Service comprise an important element of the governance
environment.
New Corporate Governance Standard for the Civil Service
The Civil Service Renewal Plan 2014 sets out revised proposals for governance and accountability for the
Civil Service. It includes a key action to enhance corporate governance arrangements. In line with the
Renewal Plan, the Department of Public Expenditure and Reform introduced a new Corporate Governance
Standard for the Civil Service in 2015. The Standard sets out a summary of good governance principles and
requirements for an organisational governance framework.
In line with the Standard, each Civil Service Department and Agency is required to prepare a Corporate
Governance Framework Document setting out its statutory framework including the governance
arrangements in place; its role, function and organisational structure, information on strategic and business
planning processes; and the accountability, audit and assurance arrangements.
The Service commenced work on a revised framework document in 2015 to reflect the responsibilities and
structure of the organisation in line with the new Corporate Governance Standard. The new framework
document will be published in mid 2016.
Work also took place during 2015 on an Agency Framework Agreement for 2016 between the Service and
the Department of Justice and Equality. This Agreement, in accordance with best practice corporate
governance and the requirements of the CPGSB is designed to;
o enhance the working relationship between the Service and the Department,
o support the Service in carrying out its functions, and
o assess the performance of those functions through review of agreed mutual commitments, annual
targets, and output and outcome indicators.
The Agreement is expected to be signed in early 2016.
Organisation overview
Courts Service Board
The Service is governed by a Board consisting of a chairperson and 17 other members. In accordance with
the Courts Service Act 1998 the term of office of the Board is three years. The current Board was
established on 9th November 2014. The Board is responsible for determining policies for the Service and
73
Courts Service Annual Report 2015
for overseeing their implementation. It performs these functions directly and through the committees of the
Board.
One of the functions of the Board is to prepare a strategic plan which is submitted to the Minister for Justice
and Equality for approval. The Minister must lay the plan, with or without amendments, before each House
of the Oireachtas. The Board approved the Strategic Plan for the period 2014-2017 in October 2014 (which
was subsequently approved by the Minister).
The Strategic Plan 2014-2017 sets out the strategic direction for the Service and places continuing emphasis on the
implementation of the transformation programme and ensuring value for money. The Plan is translated into
detailed business work programmes through annual corporate business plans and unit business plans. This in turn
is supported by a corporate and business unit risk registers.
The Board reviews and monitors the implementation of the Strategic Plan and approves an annual corporate
business plan to ensure a focussed approach to achieving the goals and objectives set out therein. The
Corporate Business Plan 2015 was approved by the Board in December 2014, and the 2016 plan was
approved in December 2015.
Other documents approved by the Board during 2015 included the Annual Report of the Service for 2014,
the Annual Budget for the Service 2015 and 2016, the Corporate Risk Register 2015, and the Annual Return
to the Minister for Justice and Equality under the CPGSB.
The Board is responsible for the appointment of the Chief Executive Office of the Service and for any
renewal of the contract of appointment. The contract for service of the Chief Executive was due to expire in
January 2016. The Board approved the renewal of the contract for a further period of three years and eight
months up to 18th September 2019 at its meeting on 19th October 2015. In accordance with the Courts
Service Act 1998 the approval of the Minister for Justice and Equality, with the consent of the Minister for
Public Expenditure and Reform, was obtained for the terms of the contract as proposed.
In accordance with the Courts Service Act 1998 the Board may appoint committees to advise it in relation to
the performance of its functions as it thinks fit. During 2015 the Board approved the membership of its
committees. It also approved revised terms of reference for the Audit Committee and the Annual Report of
the Audit Committee 2014.
The Board is responsible for the engagement of legal advisors, investment advisors, and fund managers. It
approves proposals for contracts and arrangements including the acquisition or disposal of any interest in
land or property with a value in excess of €5m, proposals for leases for periods in excess of four years and
nine months irrespective of value, and proposals for contracts for consultancy in excess of €500,000.
During 2015 the Board approved the engagement of legal advisors for a period of five years from 1st
January 2016. The Board also approved the appointment of a custodian and administrator of court funds,
and the preferred bidder for the new courthouse building projects to be delivered via Public Private
Partnership. The variation of certain District Court areas was also approved by the Board during 2015.
Standing items on the agenda for meetings of the Board include minutes of meetings and reports considered
by committees of the Board, financial reports, reports from the Chief Executive, reports from Chief Risk
Officer and Head of Resource Management, and details of all new contracts entered into by the Service and
recorded on the contract register.
The Board received regular reports from the Chief Executive Officer on the operation of the Service, the
implementation of Board policy, the implementation of the annual Corporate Business Plan, expenditure
and budgetary matters and other relevant issues and/or developments. The Board also received regular
reports in relation to the implementation of risk management in the organisation during the year.
In the development of the policies of the Service and oversight of the implementation of those policies the
Board also considered, approved or noted reports on the courthouse building projects, the proposed
development of a family law and children court complex in Dublin and a report on the governance of court
funds.
The Board also considered a report on the review of the operation of the Board and its committees during
2015 and kept its operating procedures and those of the committees under review.
The Board held five meetings during 2015 with an overall attendance rate of 82%.
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Courts Service Annual Report 2015
Number of meetings of committees of the Board
Finance Committee
5
Audit Committee
4
Building Committee
4
Family Law Court Development Committee
7
Irish Sentencing Committee
3
An annual fee is payable to non judicial members of the Board (with the exception of the Chief Executive
Officer) in the sum of €11,970 together with travel and subsistence expenses at rates sanctioned by the
Department of Finance. In accordance with Department of Finance regulations, fees are not paid to Board
members who are public servants.
Senior Management Team and organisational structures
See page 10 for details of membership of Senior Management Team and organisational structure
In accordance with Board practice, members of the Senior Management Team attended the December
meeting to brief the Board on relevant issues and deal with any queries arising. Members of the Team also
attended other meetings where appropriate to brief the Board on matters relevant to their specific area of
responsibility.
Roles and responsibilities
Chief Executive Officer
The Courts Service Act 1998 provides that the Chief Executive Officer is the Accounting Officer for the
Service and clearly defines the accountability framework in which the Service operates. This is supported
by the governance framework and corporate governance arrangements within the Service.
The Service is accountable to the Minister for Justice and Equality, and through the Minister, to the
Government. It is also accountable through the Chief Executive Officer as Accounting Officer to the
Oireachtas under the Committee of Public Accounts and other committees of the Oireachtas. The Service
must submit an annual report and such other information as the Minister may require.
The Chief Executive Officer is responsible for the implementation of policies approved by the Board, and
the day-to-day management of the staff, administration and business of the Service. He prepares an annual
budget for approval by both the Finance Committee and the Board with support from the Senior
Management Team. He provides regular updates to the Board, the Finance Committee and other
committees of the Board, in regard to the management of the Service, implementation of policy, progress on
the strategic plan and the modernisation agenda of the Service.
In his capacity as a Board member and Accounting Officer, the Chief Executive provides an annual report
in relation to the organisation’s system of internal financial controls to the Minister for Justice and Equality
confirming compliance across a range of headings. The Service thereby complies with the CPGSB and in
particular affirms compliance with:
o appropriate procedures for financial reporting, internal audit, travel, procurement and asset disposals
o inclusion of a statement on the system of internal financial control
o adherence to Codes of Business Conduct for Directors and Employees
o compliance with Government guidelines on the payment of Directors’ fees and
o provision of a draft strategic plan to the relevant Minister prior to the plan being finalised and
adopted by the Board.
As Accounting Officer, the Chief Executive Officer is also responsible for the signing of the Annual
Appropriation Account together with a Statement of Internal Financial Controls providing assurance on the
internal financial control environment operating within the Service.
Appropriation Account
The Appropriation Account is the annual financial account of the Service and is furnished to the
Comptroller and Auditor General on or before 31st March each year. It is compiled on foot of approved
estimates by the Oireachtas and is prepared by the Chief Executive. An extract from the Appropriation
Account 2014 submitted to the Comptroller and Auditor General is on page 81.
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Courts Service Annual Report 2015
For the purposes of the Appropriation Account the Chief Executive Officer is the Accounting Officer to whom the
Minister for Finance has assigned responsibility, in accordance with section 22 of the Exchequer and Audit
Department Act 1866, to prepare the annual account for the vote under his charge.
Internal financial control
The Board has overall responsibility for the internal financial control of the Service. It delegates
responsibility for monitoring the effectiveness of risk management and the internal control environment to
the Audit Committee. The committee receives regular reports from management, the Chief Risk Officer,
internal audit, and external auditors. Such arrangements are designed to manage rather than eliminate the
risks facing the Service.
The Statement of Internal Financial Control signed by the Chief Executive Officer for the purpose of the
Appropriation Account addresses the internal control environment within the Service with particular regard
to the financial control environment, the framework of administration, management reporting and internal
control. It includes a statement of compliance with procurement guidelines and confirmation that the
Service has an audit committee and internal audit function.
In the case of internal controls, systems can provide only reasonable and not absolute assurance against
material misstatement or loss. Breaches of controls, in particular instances of fraud or irregularity, must be
brought to the attention of the Comptroller and Auditor General in accordance with public financial
procedures. The Service made a nil return in respect of such incidences in 2015. The Service has a policy
statement on prevention and detection of fraud with all cases irrespective of value being reported to the
Resource Management Directorate, the Senior Management Team and the Audit Committee.
Budget management
The Chief Executive Officer and the Senior Management Team prepare an annual budget based on the
funding allocation contained in the annual estimates approved by the Oireachtas. The annual budget is
recommended for approval by the Finance Committee to the Board. Day-to-day responsibility for
managing expenditure within budget limits is assigned to Heads of Directorate. Budgets are monitored
closely with monthly reports furnished to the Senior Management Team. Quarterly financial reports are
submitted to the Finance Committee and the Board.
Performance budgeting
The Service complies with the performance budgeting format which identifies key outputs, context and
impact indicators for the Service. The performance budgeting targets for the Service for 2015 are set out in
the Revised Estimates Volume for 2015.
AUDIT AND ASSURANCE ARRANGEMENTS
Audit Committee
The Audit Committee is chaired by a member of the Board and includes a judicial representative from the
Court of Appeal, High Court, Circuit Court and District Courts and members with significant business
expertise and experience within the public and private sectors. The Committee plays a fundamental role in
ensuring that the Service functions according to good governance, accounting and auditing standards and
adopts appropriate management and risk arrangements. It does this by overseeing and advising the Board
and the Chief Executive Officer as Accounting Officer on matters relating to financial reporting and
budgeting process, financial and operational risks, the effectiveness of internal controls and risk
management, the effectiveness of internal and external audit functions, the adequacy of governance
procedures and value for money issues.
To support the workings of the committee and to ensure that its role and remit continues to comply with
best practice and latest guidance, the committee’s terms of reference were reviewed during 2015, following
which revised terms were approved by the Board in May 2015.
The committee held four meetings in 2015 at which it reviewed and considered a wide range of reports.
The Head of Internal Audit and the Director of Finance attend all meetings of the committee. During 2015,
the committee met with the Chief Executive Officer, senior management within the Service and
representatives from the Comptroller and Auditor General and external auditors who carry out the audit of
court funds. In their Annual Report 2015 the committee expressed satisfaction with the general financial
control environment operating with the Service.
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Courts Service Annual Report 2015
Internal audit function
Internal audit is an independent appraisal function whose role is to provide assurance to the Board, Audit
Committee, Chief Executive Officer and all levels of management as to the adequacy and effectiveness of
the systems on governance, risk and internal controls operating within the Service.
The Internal Audit Unit operates in accordance with an audit charter approved by the Board and an annual
audit plan approved by the Chief Executive Officer and the Audit Committee. In carrying out audits, the
unit complies with the Institute of Internal Audit Standards, as adapted by the Department of Public Reform
and Expenditure for use in government departments.
All audit reports are submitted directly to the Chief Executive Officer and to the Audit Committee who also
receive periodic reports showing progress against the plan. The unit completed 19 audits during the year.
Risk management
Effective risk management supports good governance. The Service has a pro-active management-led risk
management process as part of its governance framework. The Board, supported by the Audit Committee
and the Senior Management Team, provides the leadership in promoting risk management.
The risk management framework and policy of the Service is approved by the Board. This provides for a
planned and systematic approach to identifying and managing a range of risk categories: financial, service
delivery, infrastructure (buildings and ICT), people, compliance and governance, and projects. The Chief
Risk Officer is a member of the Senior Management Team and reports directly to the Audit Committee and
the Board. Risks are identified at corporate and business unit level and managed accordingly by assigning
responsibility to the relevant directorate and office manager.
The Service maintains a Corporate Risk Register which is reviewed regularly by the Chief Executive
Officer, Senior Management Team, Audit Committee and the Board. The register is linked to the annual
business planning process and is a key document in enabling the Service deal with the challenges it faces. It
sets out the major risks facing the Service together with existing controls and actions to mitigate them, and
identifies owners and target dates for completion. It also provides the context through which Heads of
Directorates prepare risk registers for their respective Directorates. A comprehensive review of existing
risks and actions was undertaken during the year by way of refreshing the Corporate Risk Register.
Risk management continues to be used as a key tool for the management of risks facing the Service at both senior
management and office level. The embedding of risk management across the organisation is an ongoing continuous
process.
Procurement
The Service operates under the Public Procurement Guidelines which provides the direction for all
procurement policy activity and ensures that the objectives and key principles of competition, equality of
treatment and transparency which underpins national and EU rules are complied with and observed.
The Service avails of centralised managed contracts that have been put in place by the Office of
Government Procurement including the provision of stationery and office supplies, photocopying, and
foreign travel. The Service continues to engage with the Office of Government Procurement for advice on
current and future procurement requirements.
Responsibility for procurement is devolved to each Head of Directorate with the Resource Management
Directorate taking a lead co-ordination role in promoting awareness of obligations at both national and EU
level. The directorate provides training for staff, maintains a contract register, procurement plan, and
monitors the expenditure subject to the procurement process.
Fourteen new contracts were entered into during 2015 including new contracts for Information and
Communications Technology (ICT) Managed Services and a new Public Private Partnership contract under
the Capital Building Programme of the Service In addition, procurement training was conducted on two
occasions and the Procurement User Guide of the Service was updated.
Non-compliance with procurement regulations is reported to the Comptroller and Auditor General in
accordance with Circular 40/02: Public Procurement Guidelines. The matter is also referred to in the
Annual Appropriation Account in the Statement of Internal Financial Control. There were four such
instances in 2015 compared with seven in 2014 and 10 in 2013.
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Courts Service Annual Report 2015
78
Courts Service Annual Report 2015
C HAPTER 5 – A NNUAL F INANCIAL S TATEMENTS
FINANCIAL HIGHLIGHTS
Voted funds
2015
€’000
Current expenditure:
Pay
N on-Pay
PPP
Total current
Capital expenditure
Total gross expenditure
Income
Expenditure net of income
Court Funds
Funds managed on behalf of court, minors and other
beneficiaries at 30th September
Financial operations
Fines Collected
Family law receipts
Bail receipted
Court fees collected (and retained)*
Poor box receipted
Civil court and small claims receipts
Total
*
2014
€’000
48,907
26,817
20,294
96,018
11,094
107,112
48,097
59,015
47,139
25,271
22,862
95,272
10,127
105,399
48,797
56,602
2015
2014
€1.534 billion
€1.473 billion
2015
€'000
13,383
17,925
2,338
44,136
1,498
460
79,740
excludes miscellaneous income and the pension levy
2014
€'000
13,243
18,366
2,814
44,302
1,696
230
80,651
FINANCIAL OVERVIEW
The Service operates within the funding allocation as contained in the annual estimates as approved by the
Oireachtas. For 2015 total funding net of receipts was €60.150m. This reflects a gross allocation of
€107.965m combined with total receipts of €47.815m. Operating within the funding parameters and the
achievement of balanced budget is a requirement under Government accounting guidelines. The funding
for 2015 reflected a small increase on 2014 following six years of budgetary reductions.
The composition of funding reflected that 46% was attributable to pay, with 24% relating to the day-to-day
operating costs of the Service, 21% for the Unitary Charge for the Criminal Courts of Justice Complex and
the balance of 9% for both ICT and courthouse capital.
A balanced budget was achieved for 2015. The total gross cost of running the Service was €107.112m.
This compares with €105.399m in 2014. Expenditure for 2015 compared with that of 2014 can be broken
down between total current expenditure, including payroll, non pay and PPP Unitary Payment totalling
€96.0m (€95.3m for 2014), and capital expenditure of €11.1m (€10.1m in 2014).
The funding of the Service is supplemented by courts fee receipts, miscellaneous income and a pension
levy. Total income for 2015 was €48.10m (€48.8m in 2014). Court Fee income which is the Service’s
main source of receipts relates to the lodgement of legal documents. It amounted to €44.1m and represents
41% of the cost of running the Service in 2015..
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Courts Service Annual Report 2015
SOURCES OF FUNDING
The Service is funded from two primary sources – direct Exchequer funding and via Appropriations in Aid
(income) generated by the Service, primarily through court fees.
Diagram 1 : Sources of funding 2015 - total funding €108.0m
Diagram 2 : Expenditure/Income analysis: 2015 v 2014
COURT FEES
Court fees are charged in respect of legal documents lodged and services provided in court offices.
The Service also collects fees on behalf of the Revenue Commissioners and the Property Registration
Authority. The fees collected on behalf of the Revenue Commissioners include excise duties on certain
licensing applications. The Property Registration Authority fees relate to access to documents held locally
in court offices.
Court fees
Retained by the Courts Service *
Revenue Commissioners
Property Registration Authority
Total
*
80
Relates to court fees only.
2015
(000’s)
44,136
5,033
1
49,170
2014
(000’s)
44,302
5,150
2
49,454
Courts Service Annual Report 2015
EXTRACT FROM APPROPRIATION ACCOUNT 2015
2015
€'000
2014
€'000
Current Expenditure
Salaries and wages
Travel and subsistence
Staff and judicial training
Stenography and other fees
Legal services
Postal services
Telecommunications
Office equipment and materials
Courthouse maintenance
Heat, light and fuel costs
Furniture and fittings
Leases
Consultancy (non I.T. related)
Incidental/ miscellaneous costs
PPP – unitary payment
48,907
2,893
403
2,725
663
1,266
1,381
573
7,133
2,734
150
4,987
69
1,840
20,294
47,139
2,912
253
2,861
677
1,150
1,111
579
6,288
2,852
105
4,437
76
1,970
22,862
Total Current Expenditure
96,018
95,272
6,492
4,602
5,671
4,456
11,094
10,127
107,112
105,399
Income (Appropriations-in-Aid)
Fees
Miscellaneous
Pension levy
Total Income
44,136
1,288
2,673
48,097
44,302
1,869
2,626
48,797
Total Net Expenditure
59,015
56,602
Expenditure and Income
Capital Expenditure
Computer and telecommunications systems
Courthouses and other buildings
Total Capital Expenditure
Total Gross Expenditure
Note: The figures are provisional and subject to audit by the Comptroller and Auditor General.
PROMPT PAYMENT OF ACCOUNTS ACT 1997
Payment practices
Prompt payment interest provides for the payment of interest to suppliers for invoices not paid within 30
days. The Service has procedures in place to ensure that all invoices are paid within the time limits
identified on the invoices or, if no time limit is specified, within the statutory time limit. While the
procedures have been designed to ensure compliance with the Act, they only provide reasonable and not
absolute assurance against material non compliance with the Act.
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Courts Service Annual Report 2015
o Prompt payment interest
Prompt payment interest and compensation is paid to suppliers in respect of invoices not paid within 30
days of receipt. In 2015, the total amount paid out in respect of late payments was €3,714.60.
Year
2015
2014
Late payments
Interest amount
Compensation amount
€384.60
€3,330.00
€695.98
€3,920.00
Total
€3,714.60
€4,615.98
o 15 day payment requirement
The Service makes every effort, consistent with proper financial procedures, to ensure that all suppliers are
paid within 15 days.
Year
2015
2014
Prompt Payment Quarterly Returns by Government Departments 2015
Agency: Courts Service
% of overall total
Value of
% no. of
No. of
value paid within
payments within
payments within
payments within
15 days
15 days
15 days
15 days
89%
€41,840,617
76%
7,180
87%
€41,050,009
79%
7,295
COURT FUNDS
The Service, in accordance with the Courts Service Act 1998, is responsible for the management and
administration of the courts and the provision of support services for judges. It is in this capacity that the
Service has a role in the management and investment of court funds, which are held in trust by the courts.
These funds are invested in line with the provisions of the Trustee (Authorised Investments) Act 1958 and
subsequent orders.
As at the 30th September 2015, the total value of funds managed by the Accountant’s Office was €1.534
billion (€1.473 billion, at 30th September 2014). The increase in the total value of funds by €61 million
(4.1%) is attributable to a net increase from investment performance of €18.8 million for the year (€63
million in 2014) and a net increase in net capital transactions of €41.9 million (€117 million in 2014) (i.e.
net excess receipts over disbursements).
High Court
Circuit Court
District Court
Total
Total net assets under management - by jurisdiction
at 30/09/2014
%
at 30/09/2015
%
€1,340,569,155
91.02
€1,390,397,552
90.66
€127,734,346
8.67
€134,616,440
8.78
€4,604,242
0.31
€8,677,356
0.56
€1,472,907,743
100
€1,533,691,348
100
% increase
3.7
5.4
88.4
4.1
The second half of the financial year experienced heightened volatility in equity markets, which resulted in
some of the gains achieved in the first half of the year being eroded. This impacted the performance of the
Growth Fund and to a lesser extent the Diversified Alternative Fund. Historically low and even negative
interest rates has been the norm in recent years as a result of the ECB monetary policy. The latter has
impacted the returns generated on Cash and Short-Term funds in general. The Cash Fund and Euribor Plus
Fund had marginally negative returns for the year, after management fees were deducted. Despite the
challenging year overall the investment performance was satisfactory with an increase in assets of €18.8
million as a result of investment performance for the year ended 30th September 2015, and all investment
strategies exceeded their respective benchmarks. Financial markets experienced a heightened level of
volatility in the third and fourth quarters of the financial year to 30th September 2015, as equity markets
weakened further.
While volatility in financial markets continues to be a risk, the Investment Committee continued its
proactive and prudent approach to the investment of court funds. During the year the Committee, on the
recommendation of its investment advisors, AonHewitt, approved the introduction of a Target Volatility
Trigger (TVT) Strategy on the Diversified Fund and Growth Fund strategies. This came into effect on 28th
April 2015. A currency hedge for the Growth Fund was implemented with effect from 4th November 2015.
The aim of the TVT strategy is to adjust the allocation to equities at times of market stress and to provide a
degree of protection to the beneficiaries while ensuring that they could still benefit from gains from equities.
During the period under review the TVT was triggered on two occasions, in May and August 2015. This
resulted in a reduced exposure to equities.
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Courts Service Annual Report 2015
Investment performance
The table below shows the investment performance, net of fees, for all six strategies for the current financial
year covering the period from inception 1st October 2014 to 30th September 2015 and the cumulative
performance since inception of the new funds in October 2013.
Spectrum Funds Annual Investment Performance (Net of Fees) to 30th Sept 2015
The Cash and Euribor Plus Fund generated marginally negative returns of -0.02%, after management fees
for the financial year. When account is taken of the investment objectives for these funds and the
unprecedented low ECB interest rates, this return was in line with expectations. One of the objectives when
setting up the new strategies in October 2013 was to enhance returns for Minor cases, in particular with
medium to long term investment periods. The Cash and Short Term Bond Fund, the Moderate Balanced
Fund and the Diversified Fund are investment strategies used to accommodate principally Minor’s funds
with investment horizons of greater than three years. These funds also performed in line with expectations.
It should also be noted that all funds delivered performance in excess of their respective benchmarks.
Returns for the Growth Fund for the year have been satisfactory at 4.55% (net of fees), given the high level
of volatility in equity markets in the second half of the year.
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Courts Service Annual Report 2015
THE OFFICE OF THE ACCOUNTANT OF THE COURTS OF JUSTICE
EXTRACT FROM THE AUDITED FINANCIAL STATEMENTS AS AT 30TH SEPTEMBER 2015
Statement of assets and liabilities at 30 September 2015
____________________________________________________________
INVESTMENT ASSETS
30/09/2015
30/09/2014
€
€
1,500,050,470
1,440,915,855
Investments
CURRENT ASSETS
Debtors
19,034,989
20,007,981
Bank
15,504,541
13,153,958
TOTAL CURRENT ASSETS
34,539,530
33,161,939
Creditors
(898,652)
(1,170,051)
TOTAL CURRENT LIABILITIES
(898,652)
(1,170,051)
33,640,878
31,991,888
1,533,691,348
1,472,907,743
1,533,691,348
1,472,907,743
CURRENT LIABILITIES
NET CURRENT ASSETS
TOTAL NET ASSETS
Represented by:
Funds held for beneficiaries
The financial statements were approved by the Accountant on 14th March 2016.
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Courts Service Annual Report 2015
THE OFFICE OF THE ACCOUNTANT OF THE COURTS OF JUSTICE
EXTRACT FROM THE AUDITED FINANCIAL STATEMENTS AS AT 30TH SEPTEMBER 2015
Statement of operations for the year ended 30 September 2015
___________________________________________________________________
30/09/2015
30/09/2014
€
€
NET REALISED AND UNREALISED GAINS
Net realised gains on investments disposed of during the
year
8,784,977
7,091,927
11,875,810
58,996,549
(6,507)
(1,642,374)
20,654,280
64,446,102
218,687
364,179
20,872,967
64,810,281
Expenses
(2,022,561)
(2,093,030)
INCREASE IN NET ASSETS FROM OPERATIONS
18,850,406
62,717,251
Net change in unrealised gains on investments
Net losses realised on transfers of assets
NET REALISED AND CHANGE IN UNREALISED
GAINS
Investment income
The financial statements were approved by the Accountant on 14th March 2016.
The Report and Financial Statements are available on the website of the Service at www.courts.ie.
COURT FUNDS OFFICE – COURTS ACCOUNTS SECTION
The Court Accounts Section of the Courts Funds Office operates as a shared services centre for the
processing of all financial transactions for the offices dealing with the work of the Circuit Court and District
Court. The total volume of transactions – both receipts and payments – for 2015 was 560,972 (566,753 in
2014) with a monetary value of €171.8m (€173.4m in 2014).
FINES
The Service manages the receipt of fines imposed by the courts. Court fines received are transferred to the
Exchequer and a number of other government departments and agencies.
Court fines collected and transferred
Exchequer (motor fines)
Exchequer (general) *
Revenue Commissioners
Department of Communications, Energy and Natural Resources
Department of Agriculture, Fisheries and Food
Total
*
2015
(€’000’s)
6,734
4,217
1,633
25
774
13,383
2014
(€’000’s)
6,889
4,234
1,885
19
216
13,243
Includes monies transferred to the Exchequer in relation to unclaimed bail monies over 3 years old of
€0.295k for 2015 and €0.424k for 2014
Fines collection rate
The fines collection rate relates to fines paid for the District Court, Circuit Court and High Court
jurisdictions.
The table below provides an analysis of courts imposed fines for the year to 31st December 2015 together
with the comparative figures for 2014. Fines imposed relate to the period January to December 2015. Fines
receipted relate to fines paid in 2015 irrespective of when they were imposed.
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Courts Service Annual Report 2015
The table highlights that the collection rate in volume terms has increased from 90% in 2014 to 101% in
2015. Furthermore the collection rate in value terms has increased from 89% in 2014 to 103% in 2015. The
current collection rates are slightly distorted due to: (a) higher level of reversals and (b) a reduction in the
volume of fines imposed.
Analysis of fines collection
Fines imposed
Less reversals
Net fines due
Fines paid *
Collection rate
Average value of fines imposed
2014
€’000
Volume
€30,500
91,640
(€14,916)
(42,368)
€15,584
49,272
€13,940
44,520
89%
90%
€352
€333
€’000
€4,222
29%
Fines paid on-line
% Fines paid on-line
*
2015
€’000
Volume
€31,360
89,182
(€17,079)
(45,487)
€14,281
43,695
€14,681
44,181
103%
101%
Volume
€16,148
37%
€’000
€4,116
30%
Reversals come about due to fines being appealed, jail mitigation and warrants cancelled.
Volume
15,703
35%
FAMILY LAW
The Service processes family law payment for both maintenance debtors and creditors.
Family law: Receipts and Payments
2015
2014
€’000
Volume
€’000
Volume
Receipts
€17,925
222,227
€18,305
224,088
Payments
€17,943
216,489
€18,359
219,801
The Service continues to encourage users to avail of electronic funds transfer (EFT) as the preferred method
of payment with 93% of family law maintenance creditors paid by EFT in 2015, and 76% of family law
maintenance debtors making payment by standing order.
Family Law: Electronic Funds Transfer
% family law paid via electronic funds transfer (% volume)
% family law received via electronic funds transfer
2015
93%
76%
2014
92%
72%
POOR BOX
The court may direct that money be paid into the court poor box in lieu of, or in conjunction with, another
penalty. Payments can be made via the Service for onward payment to a charity as directed by the court.
District Court
and combined court offices
86
Balance
at 01/01
€
Receipts
€
Payments
€
€395,916.93
€1,498,609.95
€1,295,347.49
Balance
at 31/12
€
€599,179.39
Courts Service Annual Report 2015
C HAPTER 6 – R EPORTS OF THE C OURTS R ULES
C OMMITTEES
SUPERIOR COURTS RULES COMMITTEE
The Superior Courts Rules Committee was established by section 67 of the Courts of Justice Act 1936.
Under section 68 of the 1936 Act the power to make, annul or alter rules of court is exercisable by the
Committee with the concurrence of the Minister for Justice and Equality.
MEMBERSHIP OF THE COMMITTEE AT YEAR ENDING 31ST DECEMBER 2015
The Chief Justice, the Hon. Mrs Justice Susan Denham (Chairperson)
The President of the Court of Appeal, the Hon. Mr Justice Sean Ryan (Vice Chairperson)
The President of the High Court, the Hon. Mr Justice Peter Kelly (Vice Chairman)
The Hon. Mr. Justice William McKechnie, judge of the Supreme Court
The Hon. Ms. Justice Mary Laffoy, judge of the Supreme Court
The Hon. Mr Justice Michael Peart, judge of the Court of Appeal
[Vacancy], judge of the Court of Appeal
The Hon. Mr Justice Anthony Barr, judge of the High Court
The Hon. Ms Justice Deirdre Murphy, judge of the High Court
The Master of the High Court, Mr. Edmund W. Honohan S.C.
Mr. Conor Dignam S.C., nominated by the Council of the Bar of Ireland
Mr. Gerard Meehan B.L., nominated by the Council of the Bar of Ireland
Mr. Stuart Gilhooly, solicitor, nominated by the Council of the Law Society of Ireland
Mr. Michael Kavanagh , solicitor, nominated by the Council of the Law Society of Ireland
Mr. Noel Rubotham, Director of Reform and Development, Courts Service, to whom membership has been
delegated by the Chief Executive Officer of the Courts Service under Section 30(2) of the Courts Service
Act 1998
Ms. Mary Cummins, Office of the Chief State Solicitor – appointed to act in place of the Attorney General
under Section 36(4) of the Courts and Court Officers Act 2002
Mr. John Mahon, Registrar of the Supreme Court
Secretary: Liz Hughes, Directorate of Reform and Development, Courts Service
Drafting Services: Mr. Sean Barton of McCann Fitzgerald Solicitors
The Committee met on 5 occasions during 2015. The following rules of the Superior Courts were signed by
the Minister for Justice and Equality between the 1st January 2015 and the 31st December 2015:S.I. No.
255 of 2015
345 of 2015
469 of 2015
470 of 2015
507 of 2015
616 of 2015
Title
RSC (Companies Act 2014) 2015
RSC (Judicial Review) 2015
RSC (Order 70A) 2015
RSC (Bail Hearings) 2015
RSC (Personal Insolvency) 2015
RSC (Companies) (No. 2) 2015
Signed by Committee
21 May 2015
18 December 2014
18 December 2014
18 December 2014
29 October 2015
29 October 2015
Operative date
1 July 2015
17 August 2015
23 November 2015
23 November 2015
20 November 2015
30 December 2015
At year end the following rules signed by the Committee are awaiting the concurrence of the Minister:Signed by
Committee
RSC (Jurisdiction, Recognition and Enforcement of Judgments) 2015
12 February 2015
RSC (Order 122) 2015
12 February 2015
RSC (Order 15) 2015
12 February 2015
RSC (Jurisdiction, Recognition and Enforcement of Judgments)(No. 2) 2015 28 April 2015
RSC (Appeals from the Circuit Court) 2015
28 April 2015
RSC (Chancery and Non-Jury Actions and other designated proceedings:
29 October 2015
Pre-trial procedures) 2015
RSC (Children and Family Relationships Act 2015) 2015
29 October 2015
RSC (Service of Documents) 2015
29 October 2015
Title
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Rules relating to the following were under consideration by the Committee at year end:
o Draft Rules of the Superior Courts (Child Care)
o Draft Rules of the Superior Courts (Recovery of Benefits and Assistance Scheme)
o Draft Rules of the Superior Courts (Hague Convention on Choice of Court)
Liz Hughes
Secretary
CIRCUIT COURT RULES COMMITTEE
The rule-making authority for the Circuit Court is the Circuit Court Rules Committee established under
section 69 of the Courts of Justice Act 1936. The remit of the Committee is fixed partly by section 66 of
The Courts of Justice Act 1924 which empowers it to annul or alter rules and make new rules with the
concurrence of the Minister for Justice and Equality, including rules for regulating the sessions, vacations
and circuits of the Circuit Judges and the practice, pleading and procedure generally (including liability of
parties as to costs and also the entering-up of judgement and granting of summary judgement in appropriate
cases) of the Circuit Court and the use of the national language therein amongst other things.
MEMBERSHIP OF THE COMMITTEE AT YEAR ENDING 31ST DECEMBER 2015
The Hon. Mr. Justice Raymond Groarke President of the Circuit Court (Chairman)
Her Honour Judge Alison Lindsay, judge of the Circuit Court
Her Honour Judge Sarah Berkeley, judge of the Circuit Court
Ms. Dervla Browne S.C., nominated by the Council of the Bar of Ireland
Mr. David Dodd B.L., nominated by the Council of the Bar of Ireland
Ms. Fiona Duffy Coady, solicitor, nominated by the Law Society of Ireland
Mr. Keith Walsh, Solicitor, nominated by the Law Society of Ireland
Mr. Ronan Boylan, Office of the Chief State Solicitor – appointed to act in place of the Attorney General
under Section 36(4) of the Courts and Court Officers Act 2002
Mr. Noel Rubotham, Director of Reform and Development, Courts Service, to whom membership has been
delegated by the Chief Executive Officer of the Courts Service under Section 30(2) of the Courts Service
Act 1998
Ms Rita Considine, County Registrar, Dublin
Ms. Mairead Ahern, County Registrar, Louth, nominated by the Chief Executive Officer of the Courts
Service under Section 69(4)(d) of the Courts of Justice Act 1936 as amended.
Secretary: Liz Hughes, Directorate of Reform and Development, Courts Service
Drafting Services: Mr. Sean Barton of McCann Fitzgerald Solicitors
The Committee met on 3 occasions in 2015. The following rules of the Circuit Court were signed by the
Minister for Justice and Equality between the 1st January 2015 and the 31st December 2015:
S.I. No.
Title
Signed by
Committee
27 Jan. 2014
14 Jul. 2015
Operative
date
11 May 2015
17 Aug. 2015
142 of 2015 Circuit Court Rules (Sex Offenders Act 2001) 2015
346 of 2015 Circuit Court Rules (Actions for Possession and Well-charging
Relief) 2015
471 of 2015 Circuit Court Rules (Companies Act 2014) 2015
14 Jul. 2015 9 Nov. 2015
506 of 2015 Circuit Court Rules (Personal Insolvency) 2015
20 Oct. 2015 20 Nov. 2015
618 of 2015 Circuit Court Rules (Jurisdiction and the Recognition and
2 Mar. 2015 30 Dec. 2015
Enforcement of Judgments in Civil or Commercial Matters) 2015
At year end the following rules signed by the Committee were awaiting the concurrence of the Minister:o Circuit Court Rules (Criminal Law (Insanity) Act 2006) 2014
o Circuit Court Rules (Local Elections (Petitions and Disqualifications) Act 1974) 2015
o Circuit Court Rules (Gender Recognition Act) 2015
o Circuit Court Rules (Children and Family Relationships Act 2015) 2015
Rules relating to the following were under consideration by the Committee at year end:
o Circuit Court Rules (Hague Convention on Choice of Court) 2015
Liz Hughes
Secretary
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DISTRICT COURT RULES COMMITTEE
The rule making authority for the District Court is the District Court Rules Committee established under
section 71 of the Courts of Justice Act 1936. The Committee may annul or alter rules and make new rules
with the concurrence of the Minister for Justice and Equality.
MEMBERSHIP OF THE COMMITTEE AT YEAR ENDING 31ST DECEMBER 2015
The President of the District Court, Her Honour Judge Rosemary Horgan (Chairperson)
Judge Mary Devins, judge of the District Court
Judge Brian Sheridan, judge of the District Court
Judge Conal Gibbons, judge of the District Court
Judge Anne Watkin, judge of the District Court
Ms. Fiona Twomey, solicitor, nominated by the Law Society of Ireland
Mr. Shane McCarthy, solicitor, nominated by the Law Society of Ireland
Ms. Gráinne Larkin, B.L., nominated by the Council of the Bar of Ireland
Mr. Roy Pearson, Chief State Solicitor’s Office, appointed to act in place of the Attorney General under
section 36(4) of the Courts and Court Officers Act 2002
Mr. Noel A. Doherty, Directorate of Reform and Development, Courts Service, to whom membership has
been delegated by the Chief Executive Officer under Section 30(2) of the Courts Service Act 1998
Ms. Michelle Johnston, Deputy Chief Clerk, Dublin Metropolitan District Court
Secretary: Liz Hughes, Directorate of Reform and Development, Courts Service
Drafting Services: Mr. Sean Barton of McCann Fitzgerald Solicitors
The Committee met on 5 occasions during 2015. The following rules of the District Court were signed by
the Minister for Justice and Equality between the 1st January 2015 and the 31st December 2015:
S.I. No.
141 of 2015
143 of 2015
256 of 2015
617 of 2015
Title
District Court (Family Law Reporting) Rules 2015
District Court (Child Care) Rules 2015
District Court (Companies Act 2014) Rules 2015
District Court (Jurisdiction and the Recognition and
Enforcement of Judgments in civil or commercial matters)
Rules 2015
Signed by
Committee
14 Jul. 2014
14 Jul. 2014
11 May 2015
11 May 2015
Operative
date
11 May 2015
11 May 2015
1 July 2015
30 Dec. 2015
At year end the following Rules signed by the Committee were awaiting the concurrence of the Minister:o District Court (Children) Rules 2014
o District Court (Child Care) Rules 2014
o District Court (Family Law Reporting) Rules 2014
Rules relating to the following were under consideration by the Committee at year end:
o District Court (Solicitors’ Costs) Rules 2015
o District Court (Form 34.47) Rules 2015
o District Court (Children and Family Relationships Act 2015) Rules 2015
o District Court (Criminal Justice Act 2006) Rules 2015
o District Court (Fines) Rules 2015
o District Court (Children) Rules 2015
Rules relating to the following were under consideration by the Committee at year end:
o District Court (Criminal Justice (Forensic Evidence and DNA Database System) Act 2014) Rules
2015
o District Court (Housing) Rules 2015
Liz Hughes
Secretary
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C HAPTER 7 – L EGISLATIVE P ROVISIONS
The Service operates in an ever changing legislative environment. The implementation of new legislative
initiatives impacting on the range and type of criminal proceedings and civil actions which come before the
courts can place significant demands on the resources of the Service. Procedural changes, such as
alterations in jurisdiction or the manner in which remedies may be sought, must also be considered by the
Service in advance of their introduction. Accordingly, the Service must constantly monitor the legislative
landscape and plan for the potential impact on its work, particularly the work of court offices.
Legislative provisions with particular significance for the operation of the courts in 2015 included:
FINES (PAYMENT AND RECOVERY) ACT 2014
This Act, signed into law on 16th April 2014, provides for the payment and recovery of fines imposed on
persons convicted of offences. The Act allows the payment of a fine by instalment where the fine exceeds
€100 and it provides for a range of possible sanctions where a fine is unpaid, including attachment of
earnings, the appointment of a receiver where the amount of a fine imposed on an individual exceeds €500,
the making of a community service order, or, where none of the other sanctions are considered appropriate,
the commitment to prison of the fined person.
The Act had not come into operation as of 31st December 2015.
COMPANIES ACT 2014
This Act, signed into law on 23rd December 2014, consolidates, with amendments, the Companies Acts
1963 to 2013. The Act came into operation on the 1st June 2015 save in respect of certain specified
provisions.
ASSISTED DECISION-MAKING (CAPACITY) ACT 2015
This Act, signed into law on 30th December 2015, provides for the reform of the law relating to persons
who require or may require assistance in exercising their decision-making capacity. The Act includes
provision for
o presumption of decision making capacity unless the contrary is shown
o replacement of the existing general test of capacity with a new ‘functional’ approach
o replacement of the existing wardship jurisdiction with new decision-making support arrangements,
including decision-making assistants, co-decision-makers and decision-making representatives, the
latter being appointable by the court
o establishment of a Decision Support Service tasked with regulating the above functionaries,
promoting public awareness relating to the exercise of capacity by persons who may require
assistance in doing so
o extension of the scope of Enduring Powers of Attorney to include healthcare matters. provision for
legally binding Advance Healthcare Directives
o application in the State of the Convention on the International Protection of Adults.
The Act had not come into operation as of 31st December 2015.
BANKRUPTCY (AMENDMENT) ACT 2015
This Act, signed into law on 25th December 2015 includes provision for reduction of the duration of
bankruptcy ordinarily applicable and for the automatic re-vesting in the bankrupt of his or her family home,
shared home or principal private residence in certain circumstances.
The Act had not come into operation as of 31st December 2015.
CHILDREN AND FAMILY RELATIONSHIPS ACT 2015
An Act to:
o provide for certain matters relating to donor-assisted human reproduction and the parentage of
children born as a result of donor-assisted human reproduction procedures
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o provide for the establishment and maintenance of a register to be known as the National DonorConceived Person Register
o amend and extend the law relating to the guardianship and custody of, and access to, children and for
those purposes to amend the Guardianship of Infants Act 1964
o extend the category of persons who may be liable for the maintenance of children and for that
purpose to amend the Family Law (Maintenance of Spouses and Children) Act 1976, and for that and
other purposes to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act
2010
o provide for the use in certain circumstances of DNA testing to determine parentage and for that and
other purposes to amend the Status of Children Act 1987
o amend the Family Law Act 1995
o amend the category of persons who may adopt children and for that and other purposes to amend the
Adoption Act 2010
o make consequential amendments to the Succession Act 1965, the Civil Registration Act 2004 and
other enactments; and
o provide for related matters.
Only part of the Act had come into operation as of 31st December 2015.
CIVIL DEBT (PROCEDURES) ACT 2015
An Act to provide for the enforcement of court judgments in relation to certain debts; to provide for the
making by the District Court of attachment of earnings orders and deduction from payments orders in
certain circumstances; to amend the Debtors Act (Ireland), 1872 and section 6 of the Enforcement of Court
Orders Act 1940 to remove references to the imprisonment of debtors for non-payment of debt; and to
provide for related matters.
This Act had not come into operation as of 31st December 2015.
COURTS ACT 2015
An Act to increase the number of ordinary judges of the High Court; for that purpose to amend the Courts
and Court Officers Act 1995; and to provide for related matters.
PERSONAL INSOLVENCY (AMENDMENT) ACT 2015
An Act to amend the Personal Insolvency Act 2012 in relation to the procedures for the approval of Debt
Settlement Arrangements and Personal Insolvency Arrangements under that Act; to provide for court review
of proposed Personal Insolvency Arrangements in certain circumstances; to amend the eligibility criteria for
Debt Relief Notices; to further provide for the regulation and supervision of personal insolvency
practitioners; and to provide for related matters.
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A DDITIONAL I NFORMATION
CONTACTING OFFICES OF THE SERVICE
Contact details for the main offices of the Service are on the website www.courts.ie.
EIRCOM TELEPHONE DIRECTORIES
Telephone numbers for the main offices of the Service are in the green pages section of the Eircom
telephone directories and online in eircom PhonebookOnline (www.eircomphonebook.ie) and
www.goldenpages.ie.
OTHER INFORMATION
The Legal Diary with details of cases listed in the Supreme Court, the Court of Appeal, the High Court
(including the Central Criminal Court) and the Circuit Court is on the website. Annual reports of the
Service together with strategic plans and other publications are on the website.
A Guide to the Courts Service published in compliance with the Freedom of Information Act is on the
website. The guide includes a general description of the structures of the Service, its functions, the services
it provides to the public and how to access them together with a general description of the classes of records
held.
WEBSITE
The website can be accessed at www.courts.ie.
SOLICITORS
Byrne Wallace, solicitors,
88 Harcourt Street,
Dublin 2.
McCann FitzGerald, solicitors,
Riverside One,
Sir John Rogerson’s Quay,
Dublin 2.
AUDITORS
The Office of the Comptroller and Auditor General,
Treasury Block,
Lower Yard,
Dublin Castle,
Dublin 2.
(Appropriation Accounts)
Grant Thornton,
Chartered Accountants,
24-26 City Quay,
Dublin 2
(Financial Statements of the Office of the Accountant of the Courts of Justice).
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94
The Courts Service
Phoenix House
15/24 Phoenix Street North
Smithfield
Dublin 7
Tel. +353 1 888 6000
Web. www.courts.ie